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