HomeMy WebLinkAboutMINUTES-12/07/2010-RegularDecember 7, 2010
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 7,
2010, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy,
and Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Dolores Williams, 415 Mason Court, expressed concern regarding the possibility of North schools
closing.
Harvey Mabis, 4412 East Mulberry Street, expressed concern regarding Police Services vehicle
towing policies.
Michael Brydge, Fort Collins resident, encouraged Council to increase funding for affordable
housing.
Fred Kirsch, 604 Colorado, Community for Sustainable Energy, supported Fort Collins Utilities'
sustainable energy programs, including on -bill financing.
Julia Muench, 1720 Azalea Drive, Community for Sustainable Energy, supported Fort Collins
Utilities' sustainable energy programs, including on -bill financing.
James Dupray, 1200 Elm Street, Community for Sustainable Energy, supported Fort Collins
Utilities' sustainable energy programs, including on -bill financing.
Cheryl Distaso, 135 South Sunset, Center for Justice, Peace, and Environment, encouraged Council
to include the Recycling Coordinator position and Transfort marketing funds in the revised budget.
She expressed concern regarding potential school closures.
Tom Jungmeyer,401 North Timberline, expressed concern regarding Police Services vehicle towing
policies.
Antonette Aragon, 530 East Pitkin, expressed concern'regarding the possibility of northside schools
closing.
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December 7, 2010
Citizen Participation Follow-up
Councilmember Roy asked about the budget schedule. Mayor Hutchinson replied a special budget
work session will be held Saturday, December 11, 2010, with First Reading and Second Reading
of an ordinance amending the budget scheduled for December 14 and December 21, 2010.
Councilmember Roy expressed concern regarding the possibility of school closures. City Manager
Atteberry stated he had spoken with Poudre School District Superintendent Jerry Wilson regarding
Council's request to hold a joint meeting between Council and the Board of Education.
Mayor Pro Tem Ohlson asked for clarification regarding the Police Services towing policy. City
Manager Atteberry replied he would provide a staff report on December 21, 2010.
Councilmember Troxell asked for additional information regarding the towing policy in the staff
report.
Councilmember Manvel stated on -bill financing should be explored.
Councilmember Kottwitz noted the budget work session on Saturday, December 11, 2010, would
be open to the public.
Councilmember Poppaw asked that the towing policy service area request (SAR) be resent.
Agenda Review
City Manager Atteberry recommended Item No. 10, Second Reading of Ordinance No. 120, 2010,
Authorizing an Option to Lease, and a Subsequent Lease of, City -Owned Property at Southridge
Greens Golf Course to New Cingular Wireless PCS, LLC for the Installation of a
Telecommunication Monopine Tower and Related Equipment, and the Grant of Associated
Easements, be postponed to the December 21, 2010 meeting.
Councilmember Kottwitz asked why Councilmembers are unable to discuss the Southridge Greens
Wireless Tower with their constituents. City Attorney Roy replied the decision to install the tower
would need to go through the City's development review processes, and that decision is appealable
to Council. Therefore, conversations could be considered ex-parte contacts.
Mayor Pro Tem Ohlson suggested the item should not move forward. City Manager Atteberry
replied the process is in place to allow Council to choose whether or not to move items forward.
He also noted these towers do provide some revenue to the City.
Councilmember Kottwitz stated there are two outstanding service area requests for more information
and the public has been informed of the December 21 st date.
Councilmember Troxell asked if there is a critical need for AT&T coverage in the Southridge
Greens area.
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December 7, 2010
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the November 16 2010 Regular Meeting and
the November 30, 2010 Adjourned Meeting
7. Second Reading of Ordinance No. 116, 2010, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds or Projects.
The purpose of this annual "clean-up" Ordinance is to combine dedicated revenues or
reserves that need to be appropriated before the end of the year to cover the related expenses
that were not anticipated and, therefore; not included in the 2010 budget. The unanticipated
revenue is primarily from fees, charges, rents, contributions and grants that have been paid
to City departments to offset specific expenses. Prior year reserves are primarily being
appropriated for unanticipated operation expenses from reserves that are set aside for that
purpose. This Ordinance was unanimously adopted on First Reading on November 16,
2010.
8.. Second Reading of Ordinance No. 117 2010 Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Joint Facility
Project.
The Discovery Center, a Colorado non-profit corporation, has made a commitment of
$4,561,916, in support of the new Fort Collins Museum and Discovery Science Center Joint
Facility project. This Ordinance, unanimously adopted on First Reading on November 16,
2010, appropriates this commitment for the project.
9. Second Reading of Ordinance No. 118, 2010, Authorizingttv to Enter into a Livestock
Grazing Lease for Meadow Springs Ranch.
This Ordinance, unanimously adopted on First Reading on November 16, 2010, authorizes
a grazing lease at Meadow Springs Ranch. The lease has been awarded to Natural Fort
Grazing, who has held the lease since the City took over ownership in 1990. The proposed
new lease is similar to the previous lease. It is for ten one-year terns and 1100 animal units
over a six month period each year. The new lease rate will average $16 per animal unit,
which represents an increase of $3 per unit. The total potential revenue generated will be
$1.056 million.
10. Second Reading of Ordinance No. 120, 2010 Authorizing an Option to Lease and a
Subsequent Lease of, City -Owned Property at Southridge Greens Golf Course to New
Cingular Wireless PCS, LLC for the Installation of a Telecommunication Monopine Tower
and Related Equipment, and the Grant of Associated Easements.
This Ordinance, unanimously adopted on First Reading on November 16, 2010, authorizes
an option to lease 700 square feet of City -owned property at Southridge Greens Golf Course
December 7, 2010
to New Cingular Wireless PCS, LLC (AT&T) to install a 50-foot monopine and related
equipment to enhance wireless service in the area. Additionally, AT&T is requesting utility
and access easements that are necessary for the operation and maintenance of its monopine
and ground equipment.
11. Postponement of Second Reading of Ordinance No. 121, 2010, Authorizing an Option to
Lease, and a Subsequent Lease of, City -Owned Propertyay Park Ball Fields to Open
Range Communications. Inc. to Collocate an Antenna on an Existing Monopole and Install
Related Equipment, and the Grant of Associated Easements to December 21, 2010.
New photos were taken of the City Park site by Open Range Communications on November.
20, 2010, to provide Council with new existing and proposed simulation photos of the site.
In addition, Open Range is currently restructuring its site responsibilities. Due to this
restructuring, staff requests this item be postponed to December 21, 2010, as Open Range
is unable to provide the new photos in time for Council's review prior to the December 7
Council meeting. Council will be provided with new photos prior to the December 21
meeting.
12. First Reading of Ordinance No. 122, 2010, Appropriating Funds from the City's General
Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of
Providing a Loan for the JAX, Inc Building Expansion Project.
The Urban Renewal Authority (URA) is seeking a loan from the City to reimburse the
monetary flow of funds that was distributed to JAX, INC. for the local street obligations for
College Avenue, Jerome Street and the street oversizing fees associated with the
development. Offsetting these costs allowed the expansion of JAX to be economically
feasible. The total cost of this project was $172,758. The requested loan amount from the
City of Fort Collins.General Fund Reserves to the URA will be $172,758. The URA will
utilize the City's Interfund Borrowing program that was formally added to the City's
investment policies in 2008. This program enables the City to use a portion of its investment
portfolio to assist City Departments and related entities (e.g., the Downtown Development
Authority and the Urban Renewal Authority) to access funds at a competitive interest rate
while still providing a market based yield to the City investment portfolio.
13. First Reading of Ordinance No. 123, 2010, Appropriating Funds from the City's Stormwater
Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of
Providing a Loan for the Northeast College Corridor Outfall Project.
The first step in the development of the Northeast College Corridor Outfall (NECCO)
project was the acquisition of an approximately 10-acre parcel for the regional detention
pond, designed to accept regional stormwater flows as well as stormwater from development
adjacent to the pond. The project is part of the Stormwater Master Plan and the Storm
Drainage Fund and the Urban Renewal Authority are proposing to fund the project. The
Stormwater Utility had budgeted $896,462 to purchase the pond and required easements to
manage regional stormwater flows. The total purchase price of the parcel and an additional
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December 7, 2010
easement for both regional and adjacent stormwater flows, based on a City funded appraisal
and less an easement being reserved by the property owner, was $1,222,934. This left a
project budget shortfall of $326,472, which relates specifically to the cost associated with
the land necessary to detain stormwater from adjacent development. The Fort Collins Urban
Renewal Authority (URA) is seeking a loan from the City's Storm Drainage Fund Reserves
to close the acquisition cost gap.
14. First Reading of Ordinance No. 124, 2010 Amending Section 2-575 of the City ode
Relating to Councilmember Compensation.
Article II, Section 3 of the City Charter directs that the compensation of Councilmembers
shall be adjusted annually for inflation in accordance with the Denver/136ulder Consumer
Price Index. In 2010, Councilmembers were compensated $675 per month, and the Mayor
received $1005 per month. The 2011 compensation of Councilmembers will be $680 per
month and the compensation of the Mayor will be $1,015 per month.
This Ordinance amends Section 2-575 of the City Code to accurately reflect the
compensation of the Council for calendar year 2011, as adjusted pursuant to the requirement
of the City Charter.
15. First Reading of Ordinance No. 125, 2010 Amending the City Code to Increase the
Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code
so as to Reflect Inflation in Associated Costs of Services.
The City Code requires annual adjustments to certain building permit related fees. Capital
Improvement Expansion fees and Neighborhood Parkland fees are to follow the changes in
the Denver -Boulder -Greeley Consumer Price Index (CPI). Street Oversizing fees are
adjusted by the changes posted in the Engineering News Record (ENR). Since the last
adjustment in 2009 the CPI has increased 1.1% and the ENR has increased 5.48%.
16, First Reading of Ordinance No. 126, 2010, Amending Section 25-75(a) of the City Code to
Increase the Rate of Tax By Eighty -Five Hundredths Percent (0 85%) Effective January 1
2011, in Accordance with the Ballot Measure Approved by the Registered Electors on
November 2, 2010.
A Special Municipal Election was held in conjunction with the November 2, 2010, Larimer
County General Election for a 0.85% increase in the sales and use tax rate with an effective
date of January 1, 2011. The qualified electors of the city approved the imposition of such
additional tax.
17. First Reading of Ordinance No. 127, 2010 Amendinz Section 27-38 of the City Code
'Relating to the Licensing of Arborists.
Currently, arborist licenses expire one year after they are issued. This results in renewal
times and notices being sent throughout the year. The purpose of this change is to make all
licenses come due for renewal on the same date each year.
December 7, 2010
18. Items Relating to the Linden Street Streetscaping Project.
A. Resolution 2010-072 Authorizing the Mayor to Execute a Contract Amendment with
the Colorado Department of Transportation to Add Funding for the Linden Street
Streetscape Project.
B. First Reading of Ordinance No.128, 2010, Appropriating Unanticipated Grant Funds
and Downtown Development Authority Funds for the Linden Street Streetscape
Project.
C. First Reading of Ordinance No. 129, 2010, Authorizing Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements
in Connection with the Linden Street Streetscape Project.
The Linden Street Streetscape project will add curb, gutter, sidewalk, on -street parking, bike
lanes, urban design, historic interpretive features and landscaping to Linden Street, between
Jefferson Street and the Poudre River. Utility improvements are planned to precede the
street improvements as a part of a City of Fort Collins Utilities project. Construction is
planned for summer 2011.
Resolution 2010-072 will amend a contract with the Colorado Department of Transportation
(CDOT) to receive additional federal grant funds. Ordinance No. 127, 2010, appropriates
federal grant funds and transfers additional DDA funds to the project. Ordinance No. 128,
2010, authorizes the City to use eminent domain for acquisition of property, if necessary.
Staff anticipates that only temporary easements will be required for the construction of this
project. The authorization from Council to use eminent domain is a requirement of the
federal funding. Eminent domain is considered a last course of action and is only to be used
when deemed necessary.
19. Items Relating to the McMurry Natural Area Annexation and Zoning.
A. First Reading of Ordinance No. 130, 2010, Annexing Property Known as the
McMurry Natural Area Annexation to the City.
B. Hearing and First Reading of Ordinance No. 131, 2010, Amending the Zoning Map
of the City and Classifying for Zoning Purposes the Property Included in the
McMurry Natural Area Annexation to the City.
This is a request to annex and zone the City -owned McMurry Natural Area. The parcel is
48.79 acres in size and located north of the Poudre River and east of North Shields Street.
Contiguity with the existing municipal boundary is gained along the east boundary which
is shared with the North College Annexation and the south boundary which is shared with
the original Town Plat. The recommended zoning is P-O-L, Public Open Lands. This is the
same zone district as Lee Martinez Park, Soft Gold Park, Magpie Meander Natural Area and
Salyer Natural Area. McMurry Natural Area would continue to be owned and managed by
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December 7, 2010
the City of Fort Collins Natural Areas Program. The annexation of this parcel does not
create an enclave of any other parcel.
20. First Reading of Ordinance No. 132, 2010, Approving the Terms of the City's Lease of
Office Space for Police District One at 144 North Mason Street.
The Police District One Office moved from Old Town Square to 144 North Mason, Suites
1, 2, and a portion of 3 in 2010. This Ordinance approves the terms of the lease dated May
1, 2010, for the new space.
21. Resolution 2010-073 Approving the Purchase of Animal Control Services from the Larimer
Humane Society for 2011 as an Exception to the Competitive Purchasing Process.
This Resolution approves as an exception to the City's competitive purchasing process, the
purchase of animal control services for 2011 from the Larimer Humane Society for the
operation and management of the animal shelter.
22. Resolution 2010-074 Reappointing Kathleen M. Lane as Municipal Judge and Authorizing
the Ninth Addendum to the Judge's Employment Agreement.
Resolution 2010-074 reappoints Judge Lane for another two-year term to expire December
31, 2012 and authorizes the Mayor to execute an addendum to the Judge's employment
agreement to reflect the change in term.
23. Routine Easement.
Easement for construction and maintenance of public utilities from North College, LLC, to
replace existing underground sewer line at 1601 North College Avenue. Monetary
consideration: $10.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 116, 2010, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds or Projects.
8. Second Reading of Ordinance No. 117, 2010, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Joint Facility
Project.
9. Second Reading of Ordinance No. 118, 2010, Authorizing the City to Enter into a Livestock
Grazing Lease for Meadow Springs Ranch.
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December 7, 2010
Ordinances on First Reading were read by title by City Clerk Krajicek.
12. First Reading of Ordinance No. 122, 2010, Appropriating Funds from the City's General
Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of
Providing a Loan for the JAX, Inc Building Expansion Project.
13. First Reading of Ordinance No. 123, 2010, Appropriating Funds from the City's Stormwater
Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of
Providing a Loan for the Northeast College Corridor Outfall Project.
14. First Reading of Ordinance No. 124, 2010, Amending Section 2-575 of -the City Code
Relating to Councilmember Compensation.
15. First Reading of Ordinance No. 125, 2010, Amending the City Code to Increase the
Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code
so as to Reflect Inflation in Associated Costs of Services.
16. First Reading of Ordinance No. 126, 2010, Amending Section 25-75(a) of the City Code to
Increase the Rate of Tax By Eighty -Five Hundredths Percent (0.85%) Effective January 1,
2011, in Accordance with the Ballot Measure Approved by the Registered Electors on
.November 2, 2010.
17. First Reading of Ordinance No. 127, 2010, Amending Section 27-38 of the City Code
Relating to the Licensing of Arborists.
18. Items Relating to the Linden Street Streetscaping Project.
B. First Reading of Ordinance No. 128, 2010, Appropriating Unanticipated Grant Funds
and Downtown Development Authority Funds for the Linden Street Streetscape
Project.
C. First Reading of Ordinance No. 129, 2010, Authorizing Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements
in Connection with the Linden Street Streetscape Project.
19. Items Relating to the McMurry Natural Area Annexation and Zoning.
A. First Reading of Ordinance No. 130, 2010, Annexing Property Known as the
McMurry Natural Area Annexation to the City.
B. Hearing and First Reading of Ordinance No. 131, 2010, Amending the Zoning Map
of the City and Classifying for Zoning Purposes the Property Included in the
McMurry Natural Area Annexation to the City.
20. First Reading of Ordinance No. 132, 2010, Approving the Terms of the City's Lease of
Office Space for Police District One at 144 North Mason Street.
December 7, 2010
Eric Sutherland, 3520 Golden Currant, pulled Item No. 12, First Reading of Ordinance No. 122,
2010, Appropriating Funds from the City's General Fund Reserves for Transfer to the Fort Collins
Urban Renewal Authorityfor the Purpose of Providing a Loan for the JAX, Inc Building Expansion
Project, and Item No. 16, First Reading of Ordinance No. 126, 2010, Amending Section 25-75(a)
of the City Code to Increase the Rate of Tar By Eighty -Five Hundredths Percent (0.85%) Effective .
January 1, 2011, in Accordance with the Ballot Measure Approved by the Registered Electors on
November 2, 2010.
Mayor Pro Tern Ohlson pulled Item No. 11, Postponement of Second Reading of Ordinance No. 121,
2010, Authorizing an Option to Lease, and a Subsequent Lease of, City -Owned Property at City
Park Ball Fields to Open Range Communications, Inc. to Collocate an Antenna on an Existing
Monopole and Install Related Equipment, and the Grant of Associated Easements to December 21,
2010.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt and approve
all items not withdrawn from the Consent Calendar. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson,
Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Mayor Pro Tern Ohlson asked for a building cost and contribution breakdown regarding Item No.
8, Second Reading of Ordinance No. 117, 2010, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Joint Facility Project.
He expressed concern that there may be an excessive emphasis on music in the exhibits.
Mayor Pro Tern Ohlson thanked staff for a memo response to his questions regarding Item No. 9,
Second Reading of Ordinance No. 118, 2010, Authorizing the City to Enter into a Livestock Gra=ing
Lease for Meadow Springs Ranch.
Mayor Pro Tern Ohlson asked for a detailed environmental explanation regarding Item No. 13, First
Reading of Ordinance No. 123, 2010, Appropriating Funds from the City's Stormwater Reserves
for Transfer to the Fort Collins Urban Renewal Authorityfor the Purpose of Providing a Loan for
the Northeast College Corridor Outfall Project, and expressed concern regarding the loan interest
rates.
Mayor Pro Tern Ohlson asked for a more detailed explanation of best management stormwater
practices regarding Item No. 18, Items Relating to the Linden Street Streetscaping Project.
Mayor Pro Tern Ohlson asked for an explanation regarding the impact of the tax exemption with
respect to Item No. 20, First Reading of Ordinance No. 132, 2010, Approving the Terms of the
City's Lease of Off ce Space for Police District One at 144 North Mason Street and asked that staff
members present for Consent items remain in Council Chambers until Consent Calendar Follow -Up
has concluded. Helen Matson, Real Estate Service Manager, replied the City pays less to the
landlord to lease the space, and the landlord pays less to the County in property tax.
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December 7, 2010
Councilmember Manvel supported the continuation of the lease for Item No. 20, First Reading of
Ordinance No. 132, 2010, Approving the Terms of the City's Lease of Office Space for Police
District One at 144 North Mason Street. He also supported Resolution 2010-074 Reappointing
Kathleen M. Lane as Municipal Judge and Authorising the Ninth Addendum to the Judge's
Employment Agreement.
Staff Reports
City Manager Atteberry stated Mike Gavin, Emergency Manager, was elected as the International
Association of Emergency Managers vice president. Staff from Coral Springs, Florida paid a visit
to Fort Collins and provided much positive feedback regarding the community.
Councilmember Reports
Councilmember Manvel stated he attended the National League of Cities meeting in Denver and
attended a tour of the single stream recycling facility and a tour of Fast Tracks.
Councilmember Poppaw stated she also attended the National League of Cities meeting and
appreciated the opportunity to network with officials from other municipalities.
Items Relating to a Citizen -Initiated Ordinance Pertaining to the
Implementation of Ranked Voting in Fort Collins Elections, Adopted Option 2
"EXECUTIVE SUMMARY
A. Presentation of a Petition for a Citizen -Initiated Ordinance That Would Implement Ranked
Voting in Fort Collins Elections, Which Petition Has Been Certified by the City Clerk as
Sufficient for Placement on a Regular Municipal Election Ballot. (No Action Needed)
B. First Reading of Ordinance No. 133, 2010, Pertaining to the Implementation of Ranked
Voting in Fort Collins Elections. (Option 1)
It
Resolution 2010-075 Submitting a Proposed Citizen -Initiated Ordinance Pertaining to the
Implementation of Ranked Voting in Fort Collins Elections to a Vote of the Registered City
Electors at the Next Regular Municipal Election on April 5, 2011. (Option 2)
The City Clerk's Office received an initiative petition on November 24, 2010, which has been
determined to contain a sufficient number of signatures to place an initiated measure before the
registered electors of the City. Pursuant to the City Charter, upon presentation of an initiative
petition certified as sufficient by the City Clerk, the Council must either (1) adopt the proposed
ordinance without alteration within 30 days (Option 1); or (2) submit such proposed measure, in
the form petitioned for, to the registered electors of the city (Option 2). If the Council chooses to
submit the proposed measure to the voters, Resolution 2010-075 would submit the measure and
establish the ballot language for the measure.
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December 7, 2010
BACKGROUND
The City Clerk's Office has certified a sufficient number of signatures on an initiative petition
received on November 24, 2010. Under Article Xofthe City Charter, 2,517 signatures ofregistered
electors (at least 10% of the total ballots cast in the last regular City election) are required to place
an initiative on a regular election ballot. Upon presentation of an initiative petition certified as to
sufficiency by the City Clerk, the Council must either adopt the proposed ordinance without
alteration or submit the proposed measure in the form petitioned for, to the registered electors of
the city.
The purpose of the initiated measure is to amend the City Code by the addition of a new Section 7-
104 so as to require that all races for Mayor or Councilmember which include at least three
candidate be conducted using a ranked voting method that is consistent with CRS 1-7-1003. The
text of the proposed ordinance is as follows:
WHEREAS, The current `plurality" elections often produces results in which
candidates are elected without a clear majority of the vote and contributes to the
"spoiler" effect, and,
WHEREAS, Ranked voting allows voters to express fuller preferences by rank -
ordering candidates, is more likely to produce a majority winner, mitigates the
"spoiler" effect, and creates incentives forgreaterparticipation in elections and
for positive campaigning; therefore,
BE IT ENACTED by the voters of the city of Fort Collins that City Code be
amended by the addition of a section 7-104 reading: "All races for Mayor or
Councilmember including at least three candidates shall be conducted using a
ranked voting method consistent with CRS 1-7-1003. "
City Clerk Krajicek discussed the options for Item B, one of which would be to adopt the Citizen
Ordinance without alternation, the second of which would refer the Ordinance to the April, 2011
ballot. The petition was presented by citizens in November and was found to contain an adequate
number of valid signatures.
Seth Anthony, Organizing Team for Fort Collins Ranked Voting, supported ranked choice voting
in City elections and encouraged adoption of Option 2.
Cheryl Distaso, 135 Sunset, Center for Justice, Peace, and Environment, supported ranked choice
voting.
Councilmember Roy asked about the state statute mentioned in the item. City Attorney Roy replied
the statute authorizes municipalities to use ranked voting and sets up requirements that must be
followed if municipalities choose to adopt that method:
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December 7, 2010
Councilmember Manvel asked if Council will discuss this topic at another date, if Council opts to
place the item on the ballot. City Attorney Roy replied Council could, at some point in the future,
consider a Resolution taking a position on the topic, at which point discussion could occur.
Councilmember Manvel stated he would support a Resolution of that type.
City Manager Atteberry stated Council could also discuss the item at a work session.
City Attorney Roy noted a typing error in the title of the Ordinance as it is to be placed on the ballot;
the language should read "Citizen Initiated Ordinance."
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2010-075, Option 2, as amended.
Mayor Pro Tern Ohlson stated he was uncertain Council should take a position on the item and
expressed appreciation to the citizens involved in collecting signatures.
Councilmember Roy agreed with Mayor Pro Tern Ohlson's statements.
Councilmember Troxell supported the citizen -initiated process but expressed reservations regarding
ranked voting.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 121, 2010
Authorizing an Option to Lease, and a Subsequent Lease of, City -Owned Property at
City Park Ball Fields to Open Range Communications, Inc. to Collocate an
Antenna on an Existing Monopole and Install Related Equipment,
and the Grant of Associated Easements, Postponed to December 21, 2010
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
New photos were taken of the City Park site by Open Range Communications on November 20,
2010, to provide Council with new existing and proposed simulation photos of the site. In addition,
Open Range is currently restructuring its site responsibilities. Due to this restructuring, staff
requests this item be postponed to December 21, 2010, as Open Range is unable to provide the new
photos in time for Council's review prior to the December 7 Council meeting. Council will be
provided with new photos prior to the December 21 meeting. "
Mayor Pro Tern Ohlson asked about City policies regarding location and health impacts of
telecommunication facilities. City Manager Atteberry stated staff would prepare a report for
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December 7. 2010
Council regarding health impact information. Placement of the facilities, on either public or private
land, does go through the City's Land Use process; however, there are no internal administrative
policies regarding placement on City facilities.
Councilmember Roy asked if the standards for liability and indemnification are different for cellular
companies based on the location of the facilities. City Attorney Roy replied the issue would be
explored.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to postpone Second
Reading of Ordinance No. 121, 2010, to December 21, 2010.
Mayor Pro Tem Ohlson asked for information regarding the distances of residential homes from the
proposed facilities.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 122, 20109
Appropriating Funds from the City's General Fund Reserves for Transfer to the
Fort Collins Urban Renewal Authority for the Purpose of
Providing a Loan for the Jax, Inc. Building Expansion Project, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
The Fort Collins Urban Renewal Authority ("URA) is seeking a loan from the City to reimburse
Jax, Inc. ("Jax') for the local street obligations for College Avenue, Jerome Street and the street
oversizingfees associated with the Jax BuildingExpansion Project (the "Project'). Offsetting these
costs allowed the expansion of the Jax retail site at 1200 North College Avenue to be economically
feasible. The total cost of this Project was $172, 758. The requested loan amount from the City of
Fort Collins General Fund Reserves to the URA will be $172,758. The URA will utilize the City's
Interfund Borrowing program that was formally added to the City's investment policies in 2008.
This program enables the City to use a portion of its investment portfolio to assist City Departments
and related entities (e.g., the Downtown Development Authority and the URA) to access funds at a
competitive interest rate while still providing a market based yield to the City investment portfolio.
BA CKGR O UN/DIS C USSION
The City and the URA entered into an intergovernmental agreement on August 15, 2006 allowing
"the City to advance fund to the URA in support of its activities. Any such advance of funds shall
be evidenced in writing in the form of a loan memorialized by a promissory note or a grant, which
transaction shall not be valid until first having been approved by both the City Council and the URA
Commission. "
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December 7, 2010
On May 18, 2010, the URA Board of Commissioners approved a Redevelopment Agreement between
the URA and Jax to provide financial assistance through a reimbursement for the expansion project
located at 1200 North College Avenue. The obligation was to reimburse Jax for eligible costs up
to a maximum amount of $197,460 upon the issuance of a Certificate of Occupancy for the
expansion as stated in the Redevelopment Agreement.
Exhibit C from the Redevelopment Agreement for the Jax Building Expansion project, which lists
the public improvements included as total eligible costs is attached as Attachment 1.
FINANCIAIJECONOMIC IMPACTS
The Project is part of the North College Urban Renewal Authority Plan. Over the life of the North
College Urban Renewal Authority Plan Area, the Project will generate an estimated $656, 000 in
tax increment. This action approves the loan agreement between the City and URA to finance the
commitment made by the URA Board to Jax.
URA funding for the Project totals $172, 758. "
Eric Sutherland, 3520 Golden Currant, expressed concern regarding the lack of a business plan with
regard to this loan.
Mayor Pro Tern Ohlson asked why the City would agree to a 2.5% rate of return. Mike Freeman,
Chief Financial Officer, stated an interfund loan involves funds the City already has in its possession
and the North College Urban Renewal Authority area has not collected enough tax increment
financing to fund these projects on its own. The rate of return for this loan is better than that of the
current investment. The loan for the stormwater improvement is a capital improvement, so the term
of this loan is different.
Councilmember Manvel noted the City basically holds both sides of the loan and could therefore
change terms as appropriate.
Councilmember Roy asked how the strength of the investment is quality -checked. Christina
Vincent, Urban Renewal Authority Program Manager, replied a business history and credit report
are required. A business plan is not generally requested.
Councilmember Roy stated the City has a vested interest to make sure the Urban Renewal Authority
succeeds and asked if there are any mechanisms that allow the City to double-check its work. City
Manager Atteberry replied Fort Collins is not the only city in Colorado using various funds to loan
for URA purposes. Staff will continue to research the issue.
Councilmember Roy made a motion, seconded by Councilmember Troxell, to adopt Ordinance No.
122, 2010, on First Reading.
Councilmember Manvel noted the funds are not going directly to Jax, Inc., but.are going to fund
improvements for the public benefit. The loan will then be paid back by tax increment funds.
M,
December 7, 2010
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 126, 2010,
Amending Section 25-75(a) of the City Code to Increase the Rate of
Tax By Eighty -Five Hundredths Percent (0.85%) Effective January 1, 2011,
in Accordance with the Ballot Measure Approved by the
Registered Electors on November 2 2010 Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A Special Municipal Election was held in conjunction with the November 2, 2010, Larimer County
General Election for a 0.85% increase in the sales and use tax rate with an effective date of January
1, 2011. The qualified electors of the city approved the imposition of such additional tax.
BA CKGRO UND/DISCUSSION
In June 2010, the City Manager presented to Council an Ordinance Calling a Special Municipal
Election to be held in conjunction with the November 2, 2010, Larimer County General Election.
In July 2010, a Resolution was passed by Council to refer to the qualified electors of the City a
proposed 0.85% increase in the City 's sales and use tax rate on all non-exempt taxable items, to be
used for certain specified purposes, to be levied for a ten (10) year period, beginning January 1,
2011, and ending December 31, 2021.
In August 2010, Council presented an amendment to the Resolution to exclude from the use tax
increase, manufacturing equipment as defined in Section 25-63.
The increase will not apply to food for home consumption; therefore, those items will continue to
be taxed at the rate of 2.25%. All other taxable items will be taxed at a rate of 3.85%.
FINANCLAIJECONOMIC IMPACTS
The 0.85% increase in the City's sales and use tar rate, will generate approximately S18.7 million
in fiscal year 2011 (January 1, 2011—December 31, 2011). In accordance with the voter -approved
ballot measure, the additional finding will be allocated as follows:
• 33% for street maintenance and repair;
• 17% for other street and transportation needs;
• 17% for police services;
• 11 % for fire protection and other emergency services;
• 11 % for parks maintenance and recreation services; and
56
December 7, 2010
• 11 % for community priorities other than those listed above, as determined by the City
Council. "
Eric Sutherland, 3520 Golden.Currant, opposed the City Code amendment.
Councilmember Troxell asked how the City plans to account for the disbursement of funds. City
Manager Atteberry replied a reporting structure has not been developed yet, but he noted the annual
reports should include detailed information regarding any types of changes to disbursement.
Mayor Pro Tern Ohlson noted this Council cannot control what future Councils will opt to do with
the 2.25% and noted accountability will be critical in assuring citizens the funds have been
appropriately spent.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
126, 2010, on First Reading.
Councilmember Manvel thanked the citizens who supported the ballot measure.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Other Business
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Roy, to adjourn until the
conclusion of the meetings of the Urban Renewal Authority and the Skyview South GID, so that the
Council can then consider going into Executive Session. Yeas: Hutchinson, Kottwitz, Manvel,
Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
("Council adjourned to the end of the Urban Renewal Authority and Skyview South GID meetings
and reconvened at 9:30 p.m.)
Executive Session Authorized
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Manvel, to go into Executive
Session, as permitted under Section 2-31(1)(2) of the City Code, for the purpose of meeting with
the attorneys for the City and affected members of City staff to discuss pending litigation and related
legal issues. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
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December 7. 2010
Adjournment
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Manvel, to adjourn to 6:00
p.m. on Tuesday, December 14 so that the Council may, at that time, consider on First Reading the
adoption of an Ordinance amending the City Budget to provide further detail as to the way in which
the revenues from the "Resourcing Our Future" tax increase will be expended during the upcoming
budget term.
("Secretary's note: Councilmember Kottwitz left the meeting prior to this vote.)
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 10:45 p.m.
•
ATTEST:
-1 4"L, V, Y\,.
Ciiy Clerk