HomeMy WebLinkAboutMINUTES-11/16/2010-RegularNovember 16, 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, November 16,
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, Harris, Roy.
Citizen Participation
Kay Rios,1501 Patton Street, CDBG Commission Chairperson, encouraged restoring and increasing
funding for the Affordable Housing Fund and Human Service Fund.
Ross Cunniff, 2267 Clydesdale Drive, offered congratulations on the passage of Ballot Measure 2B.
Bev Thurber, 3200 Mariner Lane, Early Childhood Council Director, expressed appreciation for
restored funding for youth programs.
Joan Black, address unknown, expressed concern that Dial -a -Ride services stop just south of
Harmony Road and asked that the boundary be expanded.
Josh Kerson, owner of a bike shop at 244 North College Avenue, requested that Council change City
Code to allow electric bicycles to be used on multi -use City trails.
Susan P,awlak, 4014 Mesa Verde Street, Veterans Plaza of Northern Colorado co -chairperson,
thanked Mayor Hutchinson for a proclamation presented to Senior Center Veterans.
Wendie Robinson, 3539 Sunflower Way, Neighbor to Neighbor Executive Director and Affordable
Housing Boardmember, expressed support for restoring and increasing funding for the Affordable
Housing Fund and Human Service Fund.
Troy Krenning, 2908 Bent Place, Loveland, requested apologies relating to the Tim Masters case. .
Ron Simms, 3908 Yosemite Court, Poudre Fire Authority Firefighters President, thanked Council
for its work regarding the Budget.
Elaine Minor, 719 Shadowmere Court, expressed concern regarding the scale and potential impacts
of The Grove project.
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November 16, 2010
Rachel Mueller,1900 Wallenberg, expressed support for Fort Collins' Green Building Initiative and
its role in sustainability.
Stacy Lynne, 216 Park Street, opposed certain Fort Collins Natural Areas rules and regulations.
Sandy Lemburg, 6851 Poudre Canyon, discussed an incident of alleged police misconduct, a DVD
of which he submitted to Councilmembers, and asked about any pending investigation. He also
stated there are documents missing from the City Clerk's files with regard to a Citizen Police
Review Board.
Rob Weber, 614 Lesser Drive, expressed dismay regarding the handling of the Tim Masters case.
Chase Eckert, ASCSU Community Affairs Director, expressed support for The Grove project.
Gregg Leverett, 1333 Moline Street, Aurora, expressed concern about police misconduct and
fabrication of evidence by DHS employees and the Larimer County Attorney.
Doug Brobst, 1625 Independence Road, expressed support for City staff in making an appropriate
decision regarding The Grove project.
Eric Sutherland, 3520 Golden Currant, encouraged regulation enforcement with respect to The
Grove project.
Citizen Participation Follow-up
Councilmember Roy thanked the citizens who participated in City Works 101 and stated he would
review the DVD mentioned by Mr. Lemburg.
Councilmember Manvel stated there are multiple processes in place to officially examine complaints
about police misconduct. New members have recently been selected for the Citizen Review Board.
He stated the Transportation Board is examining all types of alternative transportation.
Councilmember Troxell requested a written response regarding the ordinance which does not allow
electric bicycles on multi -use trails.
Councilmember Ohlson stated Council is unable to have much input regarding The Grove project
as it would be a quasi-judicial matter should any appeal come before Council. He asked that staff
follow up with Ms. Black regarding Dial -a -Ride boundaries. City Manager Atteberry stated Dial -a -
Ride is tied to the City's fixed route service and its boundaries begin a certain distance from transit
lines. He stated Ms. Black would be contacted by staff.
City Manager Atteberry stated staff is examining the implications of allowing electric bicycles on
multi -use trails. A recommendation will be provided to the Transportation Board, and to Council.
Concerns include interactions between higher speed vehicles and pedestrians.
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November 16, 2010
Agenda Review
City Manager Atteberry stated there are no changes to the published agenda.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the October 19 and November 2, 2010,
Regular Meetings.
7. Items Relating to the 2011 Downtown Development Authority Budget.
A. Second Reading of Ordinance No. 106, 2010, Relating to the Downtown
Development Authority Annual Appropriations for the Fiscal Year 2011 and Fixing
the Mill Levy for Fiscal Year 2011.
B. Second Reading of Ordinance No. 107, 2010, Appropriating Revenue in the
Downtown Development Authority Debt Service Fund for Payment of Debt Service
Obligations for the Year 2010.
Ordinance No. 106, 2010, adopts the 2011 Budget, sets the amount of $826,758 to be
appropriated for fiscal year 2011 for the administrative operations budget, sets the amount
of $5,950,214 for debt service payments to be appropriated for fiscal year 2011 and sets the
2011 mill levy for the Fort Collins Downtown Development Authority at five mills,
unchanged since 2002. Ordinance No.107, 2010, appropriates 2010 debt service obligations
for the amount due of $1,562,232. Both Ordinances were unanimously adopted ,on First
Reading on November 2, 2010.
8. Second Reading of Ordinance No. 108, 2010, Appropriating Unanticipated Grant Revenues
in the General Fund for Police Services' Restorative Justice Program and the Transfer of
Matching Funds Previously Appropriated in the Police Services Project Budget.
Ordinance No.108, 2010, unanimously adopted on First Reading on November 2, 2010,
appropriates a $30,000 grant that has been received from the Colorado Division of Criminal
Justice Juvenile Accountability Incentive Block Grants fund. The grant is to be used for
salaries associated with the continued operation of Restorative Justice Services, which
includes the RESTORE program for shoplifting offenses, and the Restorative Justice
Conferencing Program for other offenses committed by youth and young adults.
9. Second Reading of Ordinance No. 109, 2010, Adopting and Determining the Effective Date
of the District -Precinct Map for the 2011 Regular Municipal Election.
This Ordinance, unanimously adopted on First Reading on November 2, 2010, adopts the
District -Precinct Map for the 2011 regular municipal election for the purposes of (1)
determining the eligibility for District Council offices for the April 2011 election; (2)
determining eligibility for any interim appointments to fill any District Council vacancies
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November 16, 2010
which may occur after November 26, 2010; and (3) determining residency for voting in any
special municipal election conducted after November 26, 2010.
10. Second Reading of Ordinance No. 110 2010 Authorizing the Lease of City -Owned Property
at 945 East Prospect Road,
This Ordinance, unanimously adopted on First Reading on November 2, 2010, authorizes
the lease of City -owned property located at 945 East Prospect. Road. The property has been
rented since its purchase in 1991 and is currently leased.
11. Items Relating to Water and Wastewater Rates and Charges for 2011.
A. Second Reading of Ordinance No. 112, 2010, Amending Chapter 26 of the City
Code to Revise Water Rates, Fees and Charges.
B. Second Reading of Ordinance No. 113, 2010, Amending Chapter 26 of the City
Code to Revise Wastewater Rates, Fees and Charges.
Ordinance No. 112, 2010, proposes a 3% water rate increase. The increase is across the
board and applies to all rate classes. Ordinance No. 113, 2010, proposes a 9% wastewater
rate increase. The increase is across the board and applies to all rate classes. Both
Ordinances were unanimously adopted on First Reading on November 2, 2010.
12. First 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 appropriates prior year reserves and unanticipated revenue in various City
funds, and authorizes the transfer of appropriated amounts between funds. The City Charter
permits the City Council to provide by ordinance for payment of any expense from prior
year reserves. The Charter also permits the City Council to appropriate unanticipated
revenue received as a result of rate or fee increases or new revenue sources. Additionally,
it authorizes the City Council to transfer any unexpended appropriated amounts from one
fund to another upon recommendation of the City Manager, provided that the purpose for
which the transferred funds are to be expended remains unchanged; the purpose for which
they were initially appropriated no longer exists; or the proposed transfer is from a fund or
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November 16, 2010
capital project account in which the amount appropriated exceeds the amount needed to
accomplish the purpose specified in the appropriation ordinance.
13. First 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 will appropriate this commitment for the project.
14. First Reading of Ordinance No. 118 2010, Authorizing the City to Enter into a Livestock
Grazing Lease for Meadow Springs Ranch.
In August 2010, the City issued a request for proposals for a new grazing lease at Meadow
Springs Ranch. Of the eleven interested parties, two proposals were received. The Selection
committee awarded the lease to Natural Fort Grazing Inc. based on a superior proposal.
Natural Fort Grazing has held the lease since the City took over ownership in 1990. The
proposed new lease is very similar to the previous lease. It is for ten one-year terms 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. This is an excellent rate
compared to the area average of around $12.50 per unit. The total potential revenue
generated will be $1.056 million.
15. First 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.
New Cingular Wireless PCS, LLC (AT&T) has requested to lease 700 square feet of City -
owned property 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.
16. First 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.
Open Range Communications has requested to lease space on a City -owned monopole for
the installation of an antenna and 64 square feet of City -owned property for related ground
equipment to enhance its wireless internet service. Included in this request are utility and
access easements necessary for the operation and maintenance of its equipment. The term
of the lease will be for one (1) five-year term with automatic renewal of four (4) successive
five-year periods.
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November 16, 2010
17. Resolution 2010-068 Adopting the Annual Revenue Allocation Formula to Define the City
of Fort Collins' Contribution to the Poudre Fire Authority Budget for the Year 2011 for
Operations and Maintenance.
This Resolution establishes a Revenue Allocation Formula between the City of Fort Collins
and the Poudre Fire Authority to contribute funding for maintenance and operating costs of
Poudre Fire Authority.
18. Resolution 2010-069 Approving the Acceptance of the Proposed Donation of the 2010
Downtown Development Authority Art in Action Sculptures.
This Resolution accepts the donation of two bronze sculptures by artist James Lynxwiler that
were created during the 2010 Downtown Development Authority Art in Action Project. These
sculptures will become part of the City's Art in Public Places collection.
19. Resolution 2010-070 Adopting the City's 2011 Legislative Policy Agenda.
Each year the Legislative Review Committee develops a legislative agenda to assist in the
analysis of pending legislation. The Legislative Policy Agenda is used as a guide by
Councilmembers and staff to determine positions on pending legislation and as a general
reference for state legislators and congressional delegation.
20. Public Hearing and Resolution 2010-071 Approving the Programs and Projects that Will
Receive Funds from the Federal Community Development Block Grant (CDBG) and Home
Investment Partnership (HOME) Programs and the City's Affordable Housing Fund.
Adoption of this Resolution will complete the fall cycle ofthe competitive process for allocating
$1,295,603 of City financial resources to affordable housing and community development
programs/projects and planning and administrative purposes.
***END CONSENT*"
Ordinances on Second Reading were read by title by Chief Deputy City Clerk Harris.
Items Relating to the 2011 Downtown Development Authority Budget.
A. Second Reading of Ordinance No. 106,2010, Relating to the Downtown Development
Authority Annual Appropriations for the Fiscal Year 2011 and Fixing the Mill Levy for
Fiscal Year 2011.
B. Second Reading of Ordinance No.107, 2010, Appropriating Revenue in the Downtown
Development Authority Debt Service Fund for Payment of Debt Service Obligations
for the Year 2010.
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November 16, 2010
8. Second Reading of Ordinance No. 108,2010, Appropriating Unanticipated Grant Revenues in
the General Fund for Police Services' Restorative Justice Program and the Transfer of
Matching Funds Previously Appropriated in the Police Services Project Budget.
9. Second Reading of Ordinance No. 109,2010, Adopting and Determining the Effective Date of
the District -Precinct Map for the 2011 Regular Municipal Election.
10. Second Reading of Ordinance No. 110, 2010, Authorizing the Lease of City -Owned Property
at 945 East Prospect Road.
11. Items Relating to Water and Wastewater Rates and Charges for 2011.
A. Second Reading of Ordinance No. 112, 2010, Amending Chapter 26 of the City Code
to Revise Water Rates, Fees and Charges.
B. Second Reading of Ordinance No. 113, 2010, Amending Chapter 26 of the City Code
to Revise Wastewater Rates, Fees and Charges.
24. Second Reading of Ordinance No. 111, 2010, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2011 and Adopting the Budget for
the Fiscal Years Beginning January 1, 2011 and Ending December 31, 2012, and Fixing the Mill
Levy for Fiscal Year 2011.
25. Items Relating to Electric and Electric Development Rates, Fees, and Charges for 2011.
A. Second Reading of Ordinance No. 114, 2010, Amending Chapter 26 of the City Code
to Revise Electric Rates, Fees and Charges.
B. Second Reading of Ordinance No. 115, 2010, Amending Chapter 26 of the City Code
to Revise Electric Development Fees and Charges.
Ordinances on First Reading were read by title by Chief Deputy City Clerk Hams.
12. First 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.
13. First 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.
14. First Reading of Ordinance No. 118, 2010, Authorizing the City to Enter into a Livestock
Grazing Lease for Meadow Springs Ranch.
15. First 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
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November 16, 2010
PCS, LLC for the Installation of a Telecommunication Monopine Tower and Related
Equipment, and the Grant of Associated Easements.
16. First 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.
Eric. Sutherland, 3520 Golden Currant, pulled Item No. 11, Items Relating to Water and Wastewater
Rates and Charges for 2011, and Item No. 19, Resolution 2010-070 Adopting the City's 2011
Legislative Policy Agenda, from the Consent Calendar.
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
Councilmember Ohlson requested follow-up prior to Second Reading regarding funding sources and
dedicated building space for Item No. 13, First 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 requested grazing rate information compared to Soapstone for
Item No. 14, First Reading of Ordinance No. 118, 2010, Authorizing the City to Enter into a
Livestock Grazing Lease for Meadow Springs Ranch. Additionally, Councilmember Ohlson
requested that staff provide photos of before, planned, and after scenes of cellular towers and for
information regarding cellular towers on private versus public property, with respect to Item No. 15,
FirstReading of Ordinance No. 120, 2010, Authorizing an Option to Lease, and a SubsequentLease
of, City -Owned Property at Southridge Greens Golf Course to New Cingular Wireless PCS, LLC
for the Installation ofa Telecommunication Monopine Tower and Related Equipment, and the Grant
of Associated Easements, and Item No. 16, First 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.
Councilmember Manvel thanked the ' CDBG Commission for its work on providing
recommendations for funding.
Councilmember Reports
Councilmember Manvel discussed the survey and census of the Fort Collins homeless population.
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November 16, 2010
Ordinance No. 111, 2010,
Being the Annual Appropriation Ordinance Relating to the
Annual Appropriations for the Fiscal Year 2011 and
Adopting the Budget for the Fiscal Years Beginning
January 1, 2011 and Ending December 31, 2012, and
Fixing the Mill Levy for Fiscal Year 2011, Adopted on Second Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
The AnnualAppropriation Ordinance ispresentedfor SecondReading. This Ordinance sets the City
Budget for the two year period (2011-2012). The approved Budget becomes the City's financial
plan for the next two fiscal years. This Ordinance was unanimously adopted on First Reading on
November 2, 2010. On November 2, 2010, the Fort Collins voters also approved a .85% increase
in the sales and use tax rate (Measure 2B) effective January], 2011. This adds $18.7 million in new
revenue into the 2011 Budget and $19.2 million in new revenue into the 2012 Budget for specific
purposes as was outlined in the ballot language. The Annual Appropriation Ordinance now
includes these new funds.
The City Council met on November 9, 2010, to discuss specific items it wishes to fund following the
positive community vote on Measure 2B. Those items are listed in the background and are included
in this budget.
BA CKGR O UNDIDIS C USSION
City Council Direction Received at the November 9, 2010 Work Session
The following programs or services were identified by the City Council for inclusion in second
reading of the budget
Transportation:
Offer 127.22 Pavement Management Program - $6,171, 000
Offer 131.12 Dial -a -Ride Night Service - $44,150
Offer 131.25 Transfort Operations — Saturday Service - $150, 000
Safe Community:
Offer 132.8 Poudre Fire Authority South Battalion - $494, 000
Culture, Parks & Recreation:
• Offer 59.3 Mulberry Pool - $254, 714
• Offers 39.6, 39.8, and 48.3 Mulberry Pool Facility and Utility Costs - $187,828
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November 16, 2010
• Offer 61.6 Northside Aztlan Community Center - $141, 091
• Offer 60.8 Adult Programs/Senior Center - $260, 724
• Offer 106.7 Community Parks - $68,000
Neighborhood Livability:
• Offer 85.3 Restoration of Human Services Program - $50, 733
• Offer 85.2 Restoration of the Affordable Housing Fund - $145,000
• Offer 24.1 Party Patrol and Riot Prevention - $16, 776
The City Council will meet in late November or early December to work through the balance of the
programs and services it wishes to fund with the new revenue generated from Measure 2B, as well
as $1 million which was originally devoted to street maintenance. With the passage of Measure 2B,
those funds are now available for other City Council priorities. At this meeting, staff will present
any modifications to the programs and services which are listed above, as City staff and City
Council believe there may be additional efficiencies that can be pursued which may lower the cost
of these programs and services. Following this special City Council budget'workshop, staff will
prepare a resolution or ordinance for Council consideration that outlines in detail which programs
and services will befundedfrom the Measure 2Bfunds. Any capital improvementprojects identified
in this process will need to be adopted by ordinance per City policy (i.e., bridge projects).
Note: City Council also directed staff to fund reductions that were included in the
original budget to the Museum/Discovery Science Center. The recommended
reductions are to take place in 2012, so restoring that funding does not impact the
2011Appropriations Ordinance. City Council will note that the funding has been
restored in 2012 in the budget document.
Overview of Implications of Measure 2B
On July 27, City Council approved Resolution 2010-047 submitting a proposed 0.85% increase in
the City's sales and use tax rate to the voters for their consideration on the November 2, 2010
General Election Ballot which was subsequently approved by the voters. The tax increase includes
the following provisions:
An increase of .85% (or 8.5 cents on a $10 purchase)
The additional revenue will be allocated in the following manner:
0 33%for street maintenance and repair
0 17% for other street and transportation needs
0 17%for police services
0 11 % for fire services
0 11 % for parks maintenance and recreation services; and
0 11 %for other community priorities as determined by City Council.
The increase will commence January 1, 2011 and sunset after 10 years, ending at midnight
on December 31, 2020.
The increase will yield an estimated $18.7 million in the first full year of collection.
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November 16, 2010
Additionally, the ballot language requires the City Manager to report annually to City Council on
how the revenues are used and the cost saving measures that were undertaken by the City each year.
In continuing to communicate with community members regarding the proposed ballot measure,
City Council and staff have received questions regarding the proposed uses for the funds reserved
for "other community priorities as determined by City Council. " While the resolution does not
provide details on the anticipated uses for these funds, Council expects to allocate these funds to
high priority City needs identified by City Council in the annual budget process. This portion of the
sales and use tax revenue would provide approximately $2.1 million of new resources in the first
year.
The services which will receive allocated revenues based on the formula in Resolution 2010-047
include Transportation, Police, Fire, and Parks and Recreation. In 2010, these programs account
for 68% of the expenses in the City's General Fund. The remaining 32% portion of the General
Fund includes such services as Economic Development, City Planning, Affordable Housing
programs, Cultural Services, Development Review, Code Enforcement, Natural Resources
programs, and citywide administrative costs. The General Fund does not cover the various Utility
Enterprise funds including Electric, Water, Wastewater, and Stormwater services.
Resolution 2010-047 provides additional details regarding the types of programs, activities and
services which could be funded through the approximately $2.1 million in revenue provided by the
11 % allocated to "other community priorities. " Some examples of needs which the City Council
could fund include:
• Economic Health Programs: Assistance program for business retention and expansion,
support of the downtown area, and system improvements for Development Review and
Planning processes
• Neighborhood Programs: Code Compliance, Community Mediation program, various
Community Partnerships (CSU, Poudre School District, Larimer County) and Affordable
Housing programs
• Environmental Programs: Recycling, Sustainability Programs, and Green Building Code
• Cultural Programs: Museum and community arts
• Critical City Service and Support: Technology infrastructure, facility and vehicle
maintenance, administration and internal services (Human Resources, Finance,
Communications) "
City Manager Atteberry discussed the changes made to the proposed budget with the passage of
Ballot Measure 2B, which provides a 0.85% increase to the sales and use tax, sunsetting at the end
of 2020. Additions to the Ordinance for Second Reading include additional funds for the pavement
management program, Dial -a -Ride night service, Transfort Saturday service, Poudre Fire Authority
south battalion, Mulberry Pool, Northside Atzlan Center, Senior Center adult programs, restored
maintenance at Fossil and Spring Canyon Parks, and the restoration of Human Service and
Affordable Housing Funds. A final spending plan for the revenues will be determined at a special
Budget work session on December 11, 2010. The First and Second Readings of the amended 2011-
2012 Budget will be December 14 and December 21, 2010, respectively.
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November 16, 2010
Mike Devereaux, 2150 Maid Marian Court, Commission on Disabilities Boardmember, thanked
Council for not applying budget cuts to Dial -a -Ride, MulberryPool, and Transfort Saturday service.
He asked that the Transfort and Dial -a -Ride marketing budget be restored. and that the two programs
be expanded.
Sarah Allman, 1208 East Stuart, expressed gratitude for the passage of Ballot Measure 2B and
discussed her reliance on Transfort and Dial -a -Ride.
Susan Pawlak, 4014 Mesa Verde Street, asked that Council restore the discussed needs for fire and
police services and do the necessary work to ensure the tax can sunset in ten years.
Eric Sutherland, 3520 Golden Currant, expressed concern that the budget process and election cycle
are not aligned. He also expressed concern regarding the specificity of the Budget.
Marcia Fitzhorn, 2101 Rollingwood Drive, encouraged Council to consider vulnerable community
members during difficult economic times by expanding transit services and asked that furlough days
not impact necessary services for those vulnerable citizens.
Stacy Lynne, 216 Park Street, discussed the City Manager's salary and priorities.
Porter Rankin, Fort Collins resident, opposed character assassination.
Yvonne Longacre, 1209 Springfield Drive, supported expansion of Transfort evening hours and
asked that handicap -accessible housing for low-income citizens be addressed.
Cheryl Distaso, Center for Justice, Peace, and Environment, encouraged the use of Ballot Measure
2B funds for Dial -a -Ride, Transfort, Northside Atzlan Center, and the Recycling and Affordable
Housing Coordinator positions.
Doug Brobst, 1625 Independence Road, discussed the importance of neighborhoods and parks and
recreation programs as well as mass transportation.
James Heaton, 416 North Roosevelt, encouraged increasing funding and staffing for Mulberry Pool.
Gary Thomas, Transportation Board chairperson, expressed gratitude for the passage of Ballot
Measure 2B and stated the Transportation Board supports the proposed list of items to be restored.
Councilmember Roy requested an explanation of the Budget adoption process. City Attorney Roy
replied Council has adopted the City Manager's recommended Budget on First Reading. The
Agenda Item Summary lists the items for which funding is to be restored as a result of the passage
of Ballot Measure 2B. The motion to adopt the appropriation ordinance should include those
additional items and necessary motions could be made should Council opt to remove or add items.
Councilmember Troxell requested an explanation regarding the $1 million now available in the
General Fund for other City priorities. City Manager Atteberry replied the funds were to go toward
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November 16, 2010
street maintenance without the passage of Ballot Measure 2B and are now available due to the
passage of 2B.
Councilmember Troxell asked about the depletion and possible restoration of reserves. Mike
Freeman, Chief Financial Officer, replied the available reserves in the Transportation Fund are
primarily for Harmony Road construction and that the reserve account does need to be restored.
Mayor Hutchinson requested an explanation of the mid -course correction process for the second
year of the Budget. City Manager Atteberry replied Council is elected in April and new
Councilmembers are expected to immediately discuss the $500 million Budget. The decision has
been to create a two-year Budget process and remove the process from Council election years to
allow Councilmembers to get acclimated prior to making budget -related decisions.
Councilmember Ohlson stated he would like to see fewer one-year course corrections, as a two-year
budget is the practice.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
111, 2010, on Second Reading, including additional offers as outlined in the Agenda Item Summary.
Councilmember Roy thanked citizens for their input throughout the budget process and defended
City Manager Atteberry and his work throughout the process.
Councilmember Ohlson thanked City Manager Atteberry for his service and stated work on the
budget would continue.
Councilmember Kottwitz thanked Poudre Fire Authority and Police Services and citizens for their
input. She expressed frustration regarding the timing of the process and noted that much more detail
will be in place prior to the end of the year.
Councilmember Troxell encouraged the City Manager to include the aforementioned $1 million in
the General Fund in discussions relating to allocations.
Councilmember Poppaw thanked citizens, staff, and Councilmembers for participating in the budget
process.
Councilmember Manvel thanked citizens for their input and encouraged further participation
throughout the conclusion of the process.
Mayor Hutchinson stated the Budget is the instrument for carrying out.Council's policies based on
citizen input.
The vote on the motion was as follows: Yeas: Hutchinon, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
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November 16, 2010
THE MOTION CARRIED.
Items Relating to Electric and Electric Development
Rates Fees and Charges for 2011 Adopted on Second Reading
The following is staff's memorandum for this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 114, 2010, Amending Chapter 26 of the City Code to
Revise Electric Rates, Fees and Charges.
B. Second Reading of Ordinance No. 115, 2010, Amending Chapter 26 of the City Code to
Revise Electric Development Fees and Charges.
Ordinance No. 114, 2010, revises electric rates, fees and charges. A system average 6.5% electric
rate increase is proposed for 2011. This Ordinance was adopted on First Reading by a vote of 6-1
(Nays: Kottwitz).
Ordinance No. 115, 2010, revises electric development fees and charges and reflects a 1-3%
reduction in costs. These fees are typically adjusted annually to reflect cost increases; however,
some material costs have decreased slightly and labor costs have remained constant. This
Ordinance was unanimously adopted on First Reading on November 2, 2010.
Staff has prepared two options for Second Reading of Ordinance No. 115, 2010, based on the City
Council's First Reading discussion of the Whereas clause in the Ordinance related to the Electric
Board's recommendation on the Electric Development Fee reduction.
Option A deletes the clause related to the Electric Board's recommendation in its entirety.
Option B clarifies the intent of the Electric Board's rejected motion.
BA C KGR O UNDIDIS C USSION
Electric Development Fees Ordinances Whereas Clauses
At First Reading on November 2, 2010, there was some Council discussion about the fifth Whereas
clause of Ordinance No. 115, 2010, which revises the electric development fees. The fifth clause
states: "WHEREAS, the Electric Board considered the proposed electric fees and charges at its
October 6, 2010 meeting, and voted 3-2 against recommending approval based on concerns about
the lack of reduction in energy efficiency program expenditures and the lack ofsalary increases for
employees ".
Staff believes that this Whereas clause is correct in that the Electric Board's motion included a
recommendation on three topics: the City Manager's recommended 2011-2012 budgetfor the Light
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November 16, 2010
and Power Fund, the proposed cost ofservice-based 2011 electric rate increases, and 2011 electric
development fee reductions. The motion was defeated 3-2 for the two concerns stated in this
Whereas clause.
The Ordinance has been revised on Second Reading to clarify the intent of the Board's motion.
Since there was no specific direction from Council related to the retention or deletion of the clause,
two options have been provided. Staff would have no objection if Council chose to delete reference
to the Board's action on second reading.
The third Whereas clause has been corrected on Second Reading to state that the Section 26-471
City Code requirement is for fees be presented to City Council for approval no less than
"biennially ". The clause inadvertently misstated the timing of the requirement as "annually" at
First Reading. "
Ellen Switzer, Financial Operations Manager discussed the proposed rate changes and noted both
Ordinances, if approved, would go into effect January 1, 2011. Two options exist regarding the
Whereas clause which mentions the Electric Board recommendation.
Eric Sutherland, 3520 Golden Currant, offered a citizen amendment to the electric connection fee
ordinance to create a prohibitively expensive fee for developers proposing to outfit multi -family
dwellings with inefficient electric heat.
Chase Eckert, ASCSU, disagreed with Mr. Sutherland's proposal
John Morley, 145 North Loomis, supported Mr. Sutherland's proposal.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
114, 2010, on Second Reading.
Councilmember Kottwitz stated she would not support the motion.
Councilmember Ohlson asked that Council be provided suggestions regarding approaching electric
heat and how that relates to other City policies.
Mayor Hutchinson stated he would support the motion and noted any type of amendment such as
the one proposed by Mr. Sutherland may not be legal.
Councilmember Troxell noted Green Building Codes have yet to be fully considered and encouraged
citizens to participate.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: Kottwitz.
THE MOTION CARRIED.
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November 16, 2010
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
115, 2010, Option A, on Second Reading.
Councilmember Troxell made a friendly amendment to include Option B rather than Option A.
Councilmembers Roy and Poppaw accepted the friendly amendment.
The vote on the motion, including Option B, was as follows: Yeas: Hutchinson, Kottwitz, Manvel,
Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Items Relating to Water and Wastewater
Rates and Charges for 2011, Adopted on Second Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 112, 2010, Amending Chapter 26 of the City Code to
Revise Water Rates, Fees and Charges.
B. Second Reading of Ordinance No. 113, 2010, Amending Chapter 26 of the City Code to
Revise Wastewater Rates, Fees and Charges.
Ordinance No. 112, 2010, proposes a 3% water rate increase. The increase is across the board and
applies to all rate classes. Ordinance No. 113, 2010, proposes a 9% wastewater rate increase. The
increase is across the board and applies to all rate classes. Both Ordinances were unanimously
adopted on First Reading on November 2, 2010. "
Eric Sutherland, 3520 Golden Currant, discussed water quality and conservation, suggesting
wastewater fees should reflect pollutants put into wastewater.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
112, 2010, on Second Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
113, 2010, on Second Reading.
Councilmember Ohlson requested a memo from staff regarding best practices and the merit of
possibly adjusting wastewater rates based on pollutants.
November 16, 2010
Brian Janonis, Utilities Executive Director, replied the City does have surcharges for high strength
waste and noted the Utility cannot charge more than its actual cost.
Councilmember Roy supported Councilmember Ohlson's suggestion.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Resolution 2010-070
Adopting the City's 2011 Legislative Policy Agenda, Adopted
The following is staffs memorandum for this item.
"EXECUTIVE SUMMARY
Each year the Legislative Review Committee develops a legislative agenda to assist in the analysis,
of pending legislation. The Legislative Policy Agenda is used as a guide by Councilmembers and
staff to determine positions on pending legislation and as a general reference for state legislators
and congressional delegation.
BA CKGR O UNDIDISCUSSION
The Legislative Policy Agenda includes policies on issues that affect the quality of life and
governance of the community. It is used as a guide by Council and staff to determine positions on
pending legislation, and as a general reference for state legislators and congressional delegation.
The 2011 Agenda was developed with input from City staff and review by the Legislative Review
Committee. It contains policy statements on a wide variety of topics that cover the following areas:
• Affordable Housing
• Air Quality
• Cable Television Franchise
• Climate and -Environmental Protection
• Cultural Services
• Finance, Investments and Privatization
• Fire Protection
• Hazardous Materials Management
• Home Rule
• Human Resources
• Natural Areas and Open Lands
• Parks and Recreation
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November 16, 2010
• Planning and Land Use
• Public Safety
• Recycling and Solid Waste
• Risk Management
• Sovereign and Governmental Immunity
• Transportation
• Utility Services: Energy, Water Supply and Quality
The proposed 2011 Legislative Policy Agenda is attached to the Resolution as Exhibit A ".
Eric Sutherland, 3520 Golden Currant, stated the City's financial and energy legislative policies
should be more robust.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2010-070.
Councilmember Troxell stated the City is fortunate to have a municipally -owned electric utility
which provides lower rates and the ability to make appropriate changes for the future.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Adiournment
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adjourn to November
30, 2010, to consider going into Executive Session to conduct performance reviews of the City
Manager, Municipal Judge, and City Attorney. Yeas: Hutchinson, Kottwitz, Ohlson, Manvel,
Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 9:05 p.m.
_ ATTEST:
{
Chief Deputy City Clerk
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