Loading...
HomeMy WebLinkAboutMINUTES-10/06/1992-RegularOctober 6, 1992 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 6, 1992, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Horak, Kirkpatrick, Maxey and Winokur. Councilmembers Absent Staff Members Present: Azari, Edwards and Fromme. Burkett, Krajicek, Roy. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #20, Pulled Consent Items. 7. 11 RE The Streets Department is performing street maintenance rehab this year for Phases I, III and IV of the City's Street Rehab program. This work was not anticipated and hence not included as part of the Streets Department's 1992 budgeted appropriations. This Ordinance, which was unanimously adopted on First Reading on September 15, appropriates $650,000 in the Work for Others program. The Work for Others program provides patching, sweeping, minor capital construction, drainage facility maintenance, signing, and painting services to City departments and divisions on a cost/reimbursement basis. The 1992 budget for Work for Others is $792,516. It is anticipated that another $650,000 will be spent in completing requests for services for the remainder of 1992. Facility. On November 21, 1974, Loveland, Fort Collins and Larimer County entered into an Operating and Ownership Agreement for the Sanitary Landfill. That 122 10. October 6, 1992 Agreement provides in paragraph 10 that the landfill site shall be used as a landfill open to the public and that any other use of the site shall be reviewed and approved by the Cities and the County. Since the operation of a recycling facility is not precisely the same as the operation of a "landfill," it is also necessary for the City to consent to the operation of the recycling facility. The ordinance proposed includes that necessary consent as a prerequisite to the approval of the subsequent ground lease for the actual recycling facility. Larimer County proposes to lease approximately 11.28 acres of land at the Larimer County landfill to Ally Capital Corporation of Sausalito, California. The land is the site of the Larimer County Materials Recycling Facility. This Ordinance, which was unanimously adopted on First Reading on September 15, approves the lease agreement. The terms of the lease are one -dollar per year ($1.00) for a period of 12 years. The City, with a Community Development Block Grant, purchased, moved, and rehabilitated the house at 400 Wood Street with the intent of this facility being used as a Respite Care Center. Respite Care is a service that helps to provide some relief for the parents of developmentally and physically disabled children. The City leases this facility to Respite Care for $1.00 per year for the public purpose of aiding disabled children and their families. This Ordinance, which was adopted unanimously on First Reading on September 15, authorizes the execution of a new Lease Agreement with Respite Care to be effective until September 30, 1997. In April of 1989 the City issued $11,715,000 of general obligation water bonds for the purpose of financing the acquisition of water rights and construction of improvements to the City's water system. The net effective interest rate on those bonds is 7.361%. The remaining principal balance can be refunded in today's market at a net effective interest rate of 6.11% which will result in a net present value savings of $278,234 to the City in payment of the debt service. The Ordinance requires the City to payment of the Refunded Bonds into General Obligation Water Refunding Bonds") will be deposited. Refunded respective maturity dates according that issue. 123 establish an escrow account for the which most of the proceeds of the Bonds, Series 1992 (the "Refunding Bonds will be called prior to their to the optional redemption terms of 1 Ll 12. October 6, 1992 It is estimated that the sources and uses of funds will be as follows: Sources: Principal Amount of Bonds $10,600,000 Accrued Interest from Bond Fund 354,000 Total $10,954,000 Uses: Refunding Escrow $10,813,186 Underwriter's Discount 84,800 Cost of Issuance 55,000 Contingency 1,014 Total $10,954,000 Bonds will be marketed between first and second reading of the Ordinance and final numbers will be inserted into all documents prior to final Council action. For the past five years Fort Collins Police Services has applied for project funding to the Colorado Division of Criminal Justice for federal drug grant monies. For project year 1992/1993; Police Services has again joined with the Loveland Police Department and Larimer County Sheriff's Department, in one application, for a multi -jurisdictional project to be administered by Police Services. As administrator of the grant, Police Services will assure funding to the other participating agencies for their share of the federal funds. The City has recently received notification of a grant award in the amount of $113,468. The participating agencies will be providing match monies in the amount of $155,627. Fort Collins' portion of the match is $73,056, which is met through application of the budgeted .salary and fringe benefits of an existing officer assigned to the Special Investigations Unit and the salary and benefits of a Secretary I who is also assigned to that unit. Police Services will benefit from grant funds in the areas of overtime monies, confidential funds, lease expenses associated with the off -site facility and the purchase of new equipment. 124 13. 14. October 6, 1992 ' STATE FORT COLLINS LOVELAND LARIMER COUNTY TOTAL SHARE MATCH MATCH MATCH Personnel $37,500 $73,056 $74,571 0 $185,127 Operating 19,848 0 0 0 19,848 Equipment 9,120 0 0 0 9,120 Confident. 47,000 0 0 $8,000 55,000 Funds TOTAL $113,468 $73,056 $74,571 $8,000 $269,095 This Ordinance appropriates $35,000 in unanticipated revenue in the General Fund for the continuation of the Library Adult Literacy Program. On September 28, 1992, the Planning and Zoning Board gave final approval I to the Kingston Woods P.U.D., Second Filing, a Replat of Block 1 and Tract C of Horsetooth Commons P.U.D. The final action needed is to vacate the street rights -of -way dedicated by the previous plat (entitled Horsetooth Commons P.U.D.) and to vacate an excess strip of Horsetooth Road right-of-way along the frontage of the P.U.D. The streets dedicated on the Horsetooth Commons P.U.D. plat, McWilliams Place and Patterson Place, were never constructed and the right-of-way for them is no longer needed. In addition, the right-of-way previously dedicated for Horsetooth Road along the frontage of the P.U.D. is a fraction of a foot wider than is necessary for the arterial street. This narrow strip of right-of-way is not necessary to retain and is therefore also being vacated at this time. All City and private utilities have been informed of the replat and have no objections to the proposed vacation of the previously platted rights - of -way. 125 15. October 6, 1992 This waiver request pertains to the Bixler Special Review, which is a request for an indoor video golf business in an existing building, located at 335 South Summitview Drive. The proposed land use consists of an 18- hole indoor video golf business; sales, repair and storage of golf equipment; and an indoor driving range, putting green and chipping area. There are two existing buildings and a hard -surfaced parking lot on the site. The site is located at the northwest corner of Summitview Drive and Lincoln Avenue and is zoned C - Commercial. Of the four Urban Growth Area Phasing Criteria, the proposed special review meets the requirements for public water capacity and public sewer capacity. A waiver is being requested for the public street capacity and one -sixth contiguity to existing development requirement. The site is not eligible for annexation; however, the applicant has provided an agreement to annex when eligible, if requested by the City. 16. Resolution 92-152 Finding Substantial Compliance and Initiating Annexation Proceedings for the Nordick Annexation. ' The applicant, Gary C. Nordick, on behalf of the property owner, Sharon K. Nordick, has submitted a written petition requesting annexation of approximately 2.2 acres located south of West Harmony Road and west of the Burlington Northern Railroad tracks. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will consider the annexation of property in the UGA when the property is eligible for annexation according to state law. The property gains the required 1/6 contiguity to existing city limits from a common boundary with the Horsetooth - Harmony Annexation to the north and the Arbor Commercial Annexation to the east. 17. The property being considered for annexation has, for a period of not less ' than three (3) years, been completely surrounded by property contained 126 IFS October 6, 1992 ' within the boundaries of the City of Fort Collins. The property being considered for annexation is approximately 435.23 acres in size and is located generally east of the Union Pacific Railroad tracks, north of East Drake Road, and south and west of the Burlington Northern Railroad tracks. The proposed Resolution determines that it is in the best interest of the citizens of the City to annex the area and that the annexation complies with the Municipal Annexation Act. The Resolution also determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances on November 17, 1992. A public hearing on the annexation is not required by Colorado law. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will consider the annexation of property in the UGA when the property is eligible for annexation according to state law. The property became completely surrounded by the City of Fort Collins through the following annexations: N: East Prospect Street First Annexation, September 6, 1973. E: Rigdon Farm Annexation, August 16, 1988. ' East Prospect Street First Annexation, September 6, 1973. S: Blue Spruce Farm Annexation, October 6, 1987. Greenwalt Tenth Annexation, June 21, 1977. Rigdon Farm Annexation, August 16, 1988. W: Union Pacific South Second Annexation, May 17, 1988. The Natural Resources Division wishes to obtain information about visibility degradation attributable to air pollution in the city. The primary objectives are to determine whether the city's air quality conforms to the visibility standard promulgated by the State's Air Quality. Control Commission, and to establish whether visibility is improving or degrading over the years. A secondary objective is to find the relative contribution of scattering and absorption to total extinction, to assist in determining the sources of visibility degradation and effective countermeasures. The 1992 budget includes $59,500 for the purchase of the monitoring equipment and the consulting, installation, and training services that must accompany the equipment purchase. Section 8-160 (d)(3) of the City Code requires the City Manager to submit all procurements exceeding a cost of $50,000 to the City Council for final approval under the exceptions to the competitive process contained in Section 8-160(d). This purchase qualifies for exemption because there is ' 127 October 6, 1992 only one responsible source for the equipment needed. Air Resource Specialists, Inc. is the only firm in the United States that has experience with equipping and operating visibility monitoring sites using the particular monitoring instrument required. Instrumentation requirements were determined by consulting with the Colorado Department of health. The U.S. Department of the Interior, National Parks Service concurs with this finding and currently employs Air Resource Specialists, Inc. to operate a network of similar visibility monitoring sites throughout the country. The Resolution will authorize the Purchasing Agent to negotiate a sole - source contract for visibility monitoring equipment and services as an exemption to the use of the competitive procurement process. 19. Routine Deeds and Easements. a. Powerline Easement from Fred A. Damm, 618 Lesser Drive, needed to underground existing overhead electric services. b. Storm Drainage Easement, from Harmony Office Park Partnership, needed to provide a trash rack, spillway improvements and an access road along Mail Creek. C. Access Easement, from U.S. West Communications, Inc., providing an access road for the trash rack and spillway improvements. d. Sanitary Sewer Main, from Columbia Savings, needed as a relief for the existing sanitary sewer line. e. Powerline Easement from Union Colony Bank, 1600 N. College, to extend underground electric primary. Items on First Reading were read by title by City Clerk Wanda Krajicek. 11. Ordinance No. 104, 1992 Authorizing the Issuance of General Obligation Water Refunding Bonds, Series 1992, Dated October 1, 1992, in the Aggregate Principal Amount of $10,600,000. 12. Hearing and First Reading of Ordinance No. 105, 1992, Appropriating Unanticipated Revenue From the Colorado Division of Criminal Justice for Fort Collins Police Services' Larimer County Multi -jurisdictional Project. 13. Hearing and First Reading of Ordinance No. 106, 1992, Appropriating Unanticipated Revenue in the General Fund for the Fort Collins Public Library Adult Literacy Program. 1 128 October 6, 1992 14. Hearing and First Reading of Ordinance No. 107, 1992, Vacating a Portion of Horsetooth Road Right -Of -Way and Certain Rights -Of -Way in the Horsetooth Commons P.U.D. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Second Reading of Ordinance No. 100, 1992, Appropriating Unanticipated Revenue in the Streets Department Portion of the Transportation Fund for the "Work for Others" Program. 9. Second Reading of Ordinance No. 101, 1992 Consenting to the Operation of a Materials Recycling Facility at the Larimer County Landfill and Authorizing the Execution of a Ground Lease for the Materials Recycling Facility. 10. Second Reading of Ordinance No. 103, 1992, Authorizing the Mayor to Execute a Lease Agreement with Respite Care, a Non -Profit Corporation. Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt and approve all items not removed from the Consent Calendar. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Maxey and Winokur. Nays: None. I THE MOTION CARRIED. Staff Reports Mayor Kirkpatrick commended the City Attorney's office for its efforts on the recently held Boards and Commissions seminar. Councilmember Horak reported he would be hosting a neighborhood town meeting on October 7 at the Lincoln Center for the northwest Fort Collins area. Second Public Hearing on the Recommended 1993 Budget. This is the second Public Hearing on the proposed 1993 Budget for the City of Fort Collins. City Manager Steve Burkett gave a brief introduction to this item. John Knezovich, 1205 Green, expressed concerns regarding water and wastewater rate increases. Elaine Bonnie, Human Relations Commission member, spoke of the increased number of homeless people and stated the increase could be attributed to the lack of affordable housing. 129 1 lug October 6, 1992 Yolanda C. Nicely, 740 South Lemay, spoke of the need for affordable housing for the working poor. Jennifer Carpenter, Chairperson of the Landmark Preservation Commission, requested funding for a 112 time Historic Preservation Specialist stating recent demands on staff had increased significantly. David Herrera, 3300 Pepperwood Lane, spoke of affordable housing policy concerns and addressed the issues of housing shortages. He requested Council fund the policy. Chris Zelle, Chair of the Larimer County Affordable Housing Task Force, residing at 4404 North County Road 13, urged Council to implement the affordable housing policy. Stu VanMevern, District Attorney, spoke in support of funding for the DARE program and spoke of the programs positive results. Richard Shockley, Larimer County Sheriff, residing 4601 Inlet Court, urged Council to support funding for the DARE program. Donn Hopkins, C.S.U. Police Chief, residing at 1809 Rangeview Drive, concurred ' with Sheriff Shockley. Gary Buchanan, 1325 Springwood Drive, supported the DARE program. Zack Stinek, 3210 Moore Lane, opposed the Zoo and spoke in support the Natural Areas Policy. Cathy Herzog, elementary school teacher, spoke of the positive aspects of the DARE program and urged Council to continue funding support. Lou Stitzel, 521 East Laurel, spoke in support of adopting an affordable housing policy. Barbara Allision, 1212 Lynnwood Drive, suggested implementing tax incentives and spoke of reducing building fees for builders. Susan Forgue, 725 Parkview Drive, and member of the CARE Board of Directors, urged Council to adopt the Affordable Housing Policy and requested $250,000 from general revenue funds for affordable housing needs. Mary McCambridge, representing Affiliated Banks, spoke of affordable housing concerns and urged Council to adopt the Affordable Housing Policy and assist with funding. 130 October 6, 1992 Nancy McCambridge, Director of Neighbor to Neighbor, spoke of the large numbers of citizens paying more than half of their incomes to rent and urged Council to consider passage of the Affordable Housing Policy. Bruce Lockhart, 2500 E. Harmony Road, expressed concerns regarding Transfort equipment needs and suggested repealing the 1/4 sales tax on food which was passed in early 1980, and use the money to support affordable housing. Al Bacilli, 520 Galaxy Court, suggested repealing vendor fees and putting the money into affordable housing. Councilmember Horak suggested staff provide more information regarding affordable housing and maintenance on Parks and Recreation facilities issues as they relate to the budget. Resolution 92-155 Adopting an Affordable Housing Policy for the City of Fort Collins, Adopted as Amended. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Resolution provides policy guidance to the City Council and City staff for I determining the City's role and responsibilities with respect to affordable housing opportunities for the citizens of Fort Collins. BACKGROUND The City Council adopted, as part of its 1991-93 work plan, a goal to strengthen the community's commitment to affordable housing by developing a comprehensive policy statement to define the City's role and responsibilities with respect to affordable housing opportunities in the community. Since July of 1991, City staff has worked with the Larimer County Affordable Housing Task Force, the Fort Collins Housing Authority, the City's Community Development Block Grant (CDBG) Commission and Planning and Zoning Board, and other interested citizens in developing an affordable housing policy for Councils consideration. Staff conducted two separate work sessions with Council to discuss draft versions of the policy and possible implementation actions. The first work session was held in October of 1991, and the second in March of this year. At the March work session, several individuals from housing and support service agencies addressed Council on the importance of an affordable housing policy for the City. The general policy statement maintains that the City of Fort Collins desires to continue its development as a city where all of the people of the community will , 131 October 6, 1992 have the opportunity to live in a safe and healthy environment. This environment includes the availability of affordable housing choices for low and moderate income families and individuals to help meet the basic human need for shelter. The City considers meeting basic human needs as part of its purpose and, therefore, has a responsible role in the availability of affordable housing to the citizens of Fort Collins. The City's main objective is to assist private developers and non-profit agencies in the creation and expansion of affordable housing opportunities and support services to enhance the quality of life of lower income people. The City's role in this effort involves facilitating process and procedure required for housing development and/or rehabilitation,providing data and demographic information to help define housing needs, and the consideration of other initiatives on a case -by -case basis. Policy Impact and Implication Local government is often the easiest point of contact for citizens in need and, almost without any argument, there is an affordable housing problem in Fort Collins. Some citizens do not consider the provision of affordable housing to be a core function of government in the same vein as the provision of police and Fire protection services. However, the importance of a comprehensive safeguarding of the community's human resources drives local government to consider the basic human needs of people, which includes the need for shelter. Opportunities for the City of Fort Collins to engage in a leadership role with regard to affordable housing continue to emerge because local government is the Focal point of action on many issues and problems. When pressing human concerns affect a segment of the community, those who want action often turn to the City for a solution. In the past, federal financial assistance, through the CDBG program, has afforded the City an opportunity to be actively involved in addressing affordable housing issues. The City is also directly involved in impacting the provision of affordable housing through its land use powers of zoning and subdivision controls, site development standards, and application of its development fees to cover the costs of service and facility extensions. The policy provides guidance to the community, City Council, and City staff for determining the appropriate use of City resources for the provision of affordable housing opportunities. The City's appropriate role is best characterized as a partnership among the public and private sectors and citizens in meeting the affordable housing and support service needs of the citizens of Fort Collins. For example the policy provides, but is not limited to, the following actions for the City: Maintain an active involvement in the availability of affordable housing in the community by assisting the private sector activities, as appropriate, and by pursuing the .key roles as a planner and funder to meet the needs of the community; 132 October 6, 1992 ' o Strengthen or pursue cooperative relationships with other affordable housing providers; o Maintain the existing affordable housing stock through the preservation of older residential neighborhoods; o Assure an acceptable minimum level of quality within affordable housing units; and o Encourage a city-wide distribution of neighborhoods which contain affordable housing units. The policy directs staff to: o Maintain up-to-date information to help determine the full range of affordable housing needs of the citizens of the community, and to determine what resources exist within and outside the community to deal with the needs; o Analyze the impact of City policies and programs on the provision of housing affordability; and o Prepare neighborhood plans which promote the preservation and ' conservation of residential land uses in older neighborhoods while identifying which sections are appropriate for conversion and/or redevelopment activities. In addition there are a variety of optional strategies which will be examined by staff as part of their respective work programs. Many of these options wi17 have costs attached, which are not a part of the City budget. As these options are explored, staff will return to Council with financial impact information. Finally, evaluation of existing City actions related to affordable housing is important to determine opportunities for improvement. Presently, four Mini -Task Forces are actively meeting to discuss opportunities for improvement within the general areas of financial assistance, land planning and affordable housing development, development regulations/standards, and development fees. Recommended changes will be forwarded to City Council for its consideration." Director of Community Planning and Environmental Services Greg Byrne gave an overview of the Affordable Housing Policy and the Natural Areas Policy Plan clarifying they were pilot projects. Chief Planner Ken Waido gave a brief description of the Affordable Housing Policy. 133 October 6, 1992 Councilmember Winokur made a motion, seconded by Councilmember Maxey, to adopt Resolution 92-155, amending Attachment "A" in Findings (4) to read: "...an increasing number of requests from people with handicaps....". Waido stated the findings of the Task Force would be available within the month and clarified that County staff is not presently participating on the Affordable Housing Task Force. Councilmember Winokur asked if the County could be involved in the early stages of the program. Councilmember Maxey questioned the State's role and if the City was interrelating with State programs. Waido stated that some housing agencies were taking advantage of state programs, and commented that in the past Larimer County has not taken advantage of available programs at either the federal or state level. City Manager Steve Burkett stated if the policy is adopted a worksession would be scheduled to address concerns and to receive Council direction. Tom Sibbald, 725 Bonita Avenue, suggested money allocated from the 1993 General ' Fund be set aside in a housing trust fund and suggested the City consider contributing City owned land to the housing trust fund. He suggested money in the trust fund be made available for both for -profit developers and non-profit developers. Yolanda C. Nicely, 740 South Lemay, supported the Resolution. Tom Gibbons, 7920 Whitney Court, requested town meetings be held to discuss the issue of affordable housing and policy implementation. David Herrera, 3300 Pepperwood Lane, urged Council to adopt Resolution 92-155. He stated citizens need to voice concerns to the County Commissioners as well as State Representatives. Lou Stitzel, 521 East Laurel, spoke of the economic aspects of affordable housing. Abe Ramos, 205 Buckingham, urged adoption of the policy and spoke of concerns regarding the homeless. Barbara Allison, 1212 Lynnwood Drive, supported waiving fees for contractors as an incentive for new construction. Chris Zell, 4404 North County Road 13, representing the Larimer County Affordable Housing Task Force, clarified the County has been working on an housing authority ' policy. 134 October 6, 1992 ' Mayor Kirkpatrick stated although the policy is not complete it is a basic frame work in addressing affordable housing in the community. Councilmember Horak spoke in support of the Resolution, concurred with Mayor Kirkpatrick and commented on the increase in public awareness and willingness to participate in a plan. Councilmember Maxey stated adoption of the policy would be the simplest part of the plan, and spoke of possible implementation difficulties. Councilmember Winokur supported adopting the framework for the policy stating that it would further increase the momentum. The vote on Councilmember Winokur's motion to adopt Resolution 92-155 as amended was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 92-156 Accepting the Natural Areas Policy Plan and Approving the "Policy Element" of said Plan as an Element of the City's Comprehensive Plan. Adopted. , The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The Natural Areas Policy Plan includes an Action Plan which details proposed implementation steps. The Action Plan provides a range of costs for various program elements. Total costs over a 5-year period range from $1.5 million, assuming current funding levels are maintained, to $10.6 million at full implementation. Of the $10.6 million, approximately $7.5 million would be for acquisition of high priority natural sites. This item completes two items on the City Council work program, (1) development of a proposed Natural Areas Policy Plan, and (2) preparation of an Action Plan For implementing the proposed Goals, Objectives, and Policies for the protection and preservation of natural areas. The plan is the result of a two-year planning and public review process. The plan has been well -received by the community and has been endorsed by the Natural Resources Advisory Board, the Parks and Recreation Board, the Planning and Zoning Board, the Storm Drainage Board, and the Water Board. Adoption of the Resolution formalizes Council acceptance of the plan and approves incorporation of Chapter 5, the Policy Element, into the City's comprehensive plan. BACKGROUND 135 October 6, 1992 Preparation of a Natural Areas Policy Plan was established as a goal in the City Council 1990-1991 Policy Agenda. Completion of the plan and development of an Action Plan to describe its implementation were also included in the City Council 1992-1993 work program. In addition, Council affirmed the Natural Areas Policy Plan as a priority action item in the Framework for Environmental Action. The Plan The Natural Areas Policy Plan builds on past City policies and programs that have recognized the important natural resources found in Fort Collins, and their value to the community. The Plan identifies and evaluates the values and importance of natural areas within the Urban Growth Area and proposes a long-term vision for the conservation of natural areas. That vision proposes the use of a variety of tools, (including land acquisition, land use planning and regulation, community involvement, and others) to preserve and protect natural areas as important habitats for people, and important habitats for conservation of plants, animals, and their associated ecosystems. The Plan includes six chapters: * Chapter I describes the purpose of the plan and the planning process. * Chapter 2 reviews existing City policies and programs related to natural areas. * Chapter 3 describes the need for natural areas protection. * Chapter 4 summarizes the inventory of local natural areas and presents a description of the natural features, public facilities, and significant challenges and opportunities associated with each major natural resource area. Natural Resource Areas include: the Poudre River, Fossil Creek, Spring Creek, Cooper Slough, Boxelder Creek, Dry Creek, Lakes and Reservoirs, the Foothills, and various isolated sites. Chapter 5 summarizes significant Findings regarding local natural areas and their conservation needs, proposes a statement of Goals and Objectives to establish a community vision for natural areas, and proposes a series of policies to guide future efforts by the City. Chapter 5 is the Policy Element of the Plan which is formally incorporated as an element of the City's comprehensive plan. * Chapter 6 presents an Action Plan that describes general strategies and specific work items for implementation during the first five years. Action elements include: public land acquisition; public land management; private land management; recreation, education, and interpretive programs; public information; and program funding. 136 October 6, 1992 ' Planning Process The Plan is the result of a two-year process that included both technical and policy analysis and an extensive public involvement program. An eight -step process was followed. * Issue definition through a public outreach program. * Technical and policy research and compilation. * Preparation of a preliminary draft plan (April 1991). * Public review of the preliminary draft plan. * Preparation of revised draft plan (August 1992). * Public review of revised draft plan. * Final plan revisions. * Policy plan adoption. An extensive public review process was completed between April and October 1991. Staff conducted public tours of local natural areas, sponsored open houses, mailed information to over 500 individuals and groups, and sought comments in numerous presentations to City Council, City staff, citizen boards and commissions, citizen groups, professionals of other governmental organizations, and concerned local residents. The Plan received support from the community. Favorable remarks included that the ' document was we11-written and comprehensive and that efforts to inform the public of the plan were well presented. Reviewers noted that the document systematically pulled together what was already being done with regard to natural areas, presented the benefits of maintaining habitat for people and animals, and presented a balanced, proactive approach. A few negative comments were received from people who prefer the more manicured look of parks over the natural look of natural areas. Several reviewers expressed concerns related to the perception that the Plan could be used by "no growth" proponents to restrict City growth, delay development, and increase costs. Representatives of the development and real estate community expressed the belief that natural areas are beneficial to the entire community and thus, the entire community should participate in maintaining these areas. They stressed that the financial burden should not be just on developers, and expressed concerns about maintaining affordable housing. The overall need expressed by numerous commenters was that the Plan be implemented, and that it not be just a "paper plan." Quick action was requested by citizens to preserve Fort Collins' natural areas. The plan was revised based on community comments and the final draft plan (August 1992) was also widely distributed for review and comment. 137 October 6, 1992 Changes to the Plan Because public comment on the April 1991 Preliminary Draft Plan was very favorable, the overall direction was not substantively changed. In the August 1992 Final Draft, the first four chapters (Introduction, Background on Past Policies and Programs, Need for Natural Areas Protection, and Natural Areas of Fort Collins) were updated to reflect staff and public comments and to include new information gathered between April and October 1991. Chapter 5.0, Policy Plan, of the document was substantially revised to simplify and clarify the intended policy direction, and to conform to new standards that are being proposed for elements of the Comprehensive Plan. The proposed policy direction did not differ substantively from that set in the initial draft. Chapter 6.0, Action Plan, was added to the August 1992 Final Draft, in response to Council direction and public comment that additional detail was needed on implementation strategies. The Action Plan outlines both general strategies.and specific actions for implementing the plan. The August 1992 Final Draft was also widely circulated for public comment, presented to Council in a worksession on August 25, and reviewed by several boards and commissions. Additional changes were made in the document to respond ' to the comments received (summary attached). The most significant change was to revise the information presented in Chapter 6 on the costs of implementation; Table 5 and the associated text were changed to present three different levels of program implementation, ranging from existing funding •levels to full implementation. Review by Boards and Commissions Several advisory boards and commissions have reviewed and commented on the Plan at various stages of its development. During August and September, 1992, six boards and commissions completed final reviews of the plan. In response to Council direction, a presentation was made to the Landmark Preservation Commission on September 16. No formal action was taken, but the Commission was supportive of the plan. Members highlighted the potential for future coordination of natural areas and historic preservation efforts. The Natural Resources Advisory Board considered the plan on August 5 and August 19. The board unanimously endorsed the plan and submitted two letters of comment (attached). * The Parks and Recreation Board unanimously endorsed the plan on August 26 (minutes attached). 138 October 6, 1992 * The Planning and Zoning Board considered the plan on September 28 and voted unanimously to approve the plan and adopt the policy element for incorporation into the City's Comprehensive Plan (resolution attached). * The Storm Drainage Board unanimously endorsed the plan on August 20 (letter attached). They requested that certain changes be made to ensure that future habitat plantings would not increase flood hazards. These changes were made. * The Water Board unanimously endorsed the plan on August 21 (minutes attached). Attachments 1. Index of changes from the August 1992 Final Draft of the Natural Areas Policy Plan 2. Letter of August 19, 1992 from Will Smith, Natural Resources Advisory Board 3. Letter of September 23, 1992 from Will Smith, Natural Resources Advisory Board 4. Letter of September 10, 1992 from Laura Davis, Storm Drainage Board I 5. Resolution PZ 92-14 of the Planning and Zoning Board 6. Minutes of the Parks and Recreation Board, August 26, 1992 7. Minutes of the Water Board, August 21, 1992 8. Natural Areas Policy Plan, September 1992" Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt Resolution 92-156. Natural Resources Director Tom Shoemaker gave a presentation on the purpose of and changes to the Plan. He spoke of Plan implications for the community. Will Smith, representing the Natural Resources Advisory Board, urged adoption of the Resolution. K-Lynn Cameron, 512 Sycamore representing the Parks and Recreation Board, supported the Plan and urged Council to adopt Resolution 92-156. John Gascoyne, 718 West Mountain, urged adoption of the Resolution. 139 October 6, 1992 Bruce Lockhart, 2500 E. Harmony Road, strongly urged that Council not take a position on the Resolution. Councilmember Horak commended staff on its work and stated he supported the Resolution. Mayor Kirkpatrick stated the mapping and data collection provided Council with good decision making opportunites. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to Proposed Colorado Constitutional Amendments. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. Resolution 92-157 of the Council of the City of Fort Collins Opposing ' Amendment I on the November 3, 1992 General Election Ballot, B. Resolution 92-158 of the Council of the City of Fort Collins Opposing Amendment 2 on the November 3, 1992 General Election Ballot. The November 3, 1992 General Election ballot includes a number of initiated amendments to the Colorado Constitution. Some of these amendments propose changes that would impact the significance of Article XX of the Colorado Constitution which grants home rule municipalities "the full right of self - governance in local and municipal matters". One of the amendments proposes an increase in the state sales tax rate. The Legislative Review Committee is recommending the following positions be adopted by City Council: Amendment 1 (TABOR III) Oppose; Amendment 2 (No Special Rights) Oppose; Amendment 6 (Children First Act) No Position; Amendment 8 (Great Outdoors Colorado) No Position. By adopting these Resolutions, the City Council will send a message to the Fort Collins community regarding the impact and importance of these ballot issues and that citizens are encouraged to educate themselves and vote on November 3, 1992. The November 3, 1992 General Election ballot will also include three locally initiated issues. The Legislative Review Committee recommends that City Council not adopt a position relative to these local ballot issues. These issues include increasing the City's sales tax rate and designating the revenues for natural ' areas and a zoo, or the Larimer County ballot issue establishing a county sales 140 October 6, 1992 tax for local access to health care. It has been the policy of previous City Councils to remain neutral on locally initiated ballot issues. The Committee believes that the proper role of City Council is to speak as individuals on these issues. AMENDMENT 1 Amendment 1 is an initiated amendment to the Colorado Constitution. This is the proponent's third attempt to impose constitutional limits on state and local government taxes and spending. In November of 1988 and 1990 Colorado voters defeated similar measures. In general, the measure prohibits, without voter approval, 1) increases in taxes, 2) increases in spending beyond increases in the Consumer Price Index (CPI) plus new construction and additions to real property, 3) increases in revenue beyond the allowable increase in spending, and 4) incurrence of multiple -fiscal year debt and other multi -year financial obligations. This measure is comprehensive in scope, limiting taxes, spending, revenues and debt, requires elections on routine finance practices, and imposes numerous accounting, budgeting and administrative procedures. The complexity, detail, and unclear wording of the measure raise questions of interpretation and application. ' It is likely litigation will be required to determine its meaning. It is anticipated that the combination of tax, revenue and spending limitations will reduce the relative level of funding and services the City can provide unless voters repeatedly vote to exceed the limits. It will affect City bond ratings and increase the cost of borrowing for several types of bond issues. This measure mandates the expenditure of taxpayer monies to provide elaborate notices prior to elections which are required to comply with the terms of the amendment. Providing the services associated with growth will be more difficult because of the spending and borrowing limitations and other restrictive provisions. This measure may lead to the formation of new special districts, authorities, and perhaps municipalities to provide services which are desired by the public but which cannot be provided by existing governments due to the financial constraints of the measure. Amendment 1 replaces representative democracy with direct democracy which has been shown to have a side -effect on voters who are faced with complex or numerous ballot issues. The complete text of the initiative and a Colorado Municipal League (CML) summary is attached. Fiscal impacts of Amendment 1 The analysis (see attached spread sheet) shows that from 1991 to 1992, had the Amendment I been in effect, the total spending for all funds would not have reached the allowable growth limit. When viewing individual funds, the General Fund, Water Fund, Benefits Fund, Equipment Fund, Cemeteries Fund, Cultural Services Fund, Sales Tax Fund, Transit Services Fund, Transportation Fund and Downtown Development Authority would have been over the limit. The overspending ' 141 October 6, 1992 in these funds would have been offset by spending under the limit by other funds. Using data from. the 1993 recommended budget, the comparison shows that the total spending would be $2,040,000 over the limit. The most significant overage is in the Light & Power Fund, $2.3 million over the limit. (Note: growth figures for CPI and addition to actual property valuation are estimated at 5.5%. The actual values for these factors will not be known until well after the budget is adopted.) Additionally, revenues are limited by the amendment and cannot exceed the spending limit. If revenues are over the spending limit the overage would have to be refunded. The impact is beyond state and city government. This measure imposes tax, revenue and spending limits on the City of Fort Collins, Fort Collins Light & Power and Water & Wastewater, Larimer County, Poudre R-1 School District, Poudre Fire Authority, and other fire protection, water and sanitation districts. The iocal tax rate has decreased since 1982, not increased. In Fort Collins since 1982:1 ' 8% decrease in sales tax rate (from 6.25Y to 5.75Y) 15% increase in inflation 25% increase in population 46% increase in per capita income State of Colorado tax collections were the 4th lowest in the U.S. State of Colorado government tax collections per capita for FY 1989 are the 4th lowest in the U.S. Combined state and local tax collections in Colorado for FY 1989 are ranked 24th in the country. Colorado, as a state, is low in state taxes and higher in local taxes. However, combined state and local taxes are below average. Sources: Fort Collins Trends - 1991 Annual Data; Colorado Public Expenditure Council (CPEC) 1991 Information on State and Local Taxes; 1991 Colorado Municipal League publication entitled Municipal Taxes. IEFA October 6, 1992 Fort Collins citizens have been voting on tax increases. Obtaining voter approval for any increase in sales tax rate has been the policy of the City of Fort Collins. Choices 95 is a good example. Additionally, the City of Fort Collins Charter requires voter approval of general obligation bonds backed by property tax and includes a maximum mill levy provision. The number and diversity of finance issues to be decided by election forces citizens to become micro -managers of government. Amendment 1 infringes upon the rights of home rule. The City of Fort Collins is a home rule municipality and strongly believes in the importance of Article XX of the Colorado Constitution which grants home rule municipalities "the full right of self-government in local and municipal matters". The amendment's restrictions apply to every level of local government regardless of location, population, desires of local residents, or economic conditions. The Denver -Boulder CPI applies to every government, no matter how different its economy is from Denver's economy and no matter how much items purchased by the government differ from items purchased by individuals. Amendment 1 places imprecise indicators in the Colorado Constitution. This measure places CPI and other growth indicators in the Colorado Constitution. These indicators are not calculated with precision, the method of calculation is I not determined by law and the calculations are often revised after initial publication. City revenue will be cut. Increases in sales and use tax receipts and revenues from increased economic activity which exceeds the Denver -Boulder CPI and the local property valuation growth formula cannot be spent, or placed in reserves for future spending, even though the economic activity generates the revenue and increases demand for services. A temporary reduction in spending, for even one year, due to economic or other conditions permanently reduces the spending base on which future spending authority is calculated. The level of spending and public services which existed before the downturn cannot be resumed without a subsequent election. There is apparently no inflationary spending allowance for voter -approved taxes. Voter -approved revenue increases by definition do not become part of the spending base and therefore do not increase in future years. Routine growth of user -supported services will be hampered. Many City services, such as golf, fluctuate based upon citizen demand. Since increasing user fees does not allow an increase in the overall spending ' 143 October 6, 1992 authority, other services must be reduced. Utility Services Electricity and water consumption and the spending necessary to provide these services is a function of changes in individual and family habits and the weather. The demand for Utility service is not a function of the Consumer Price Index or a change in property tax. For example, the summer of 1992 was wet and cool. Demand for electricity and water by Fort Collins citizens was below average. Therefore, Utility spending and revenues for 1992 are down. 1992 will be the base year for calculation of spending limits for 1993. What will happen if the winter of 1993 is unusually cold, or the summer of 1993 is unusually hot and dry? The Utilities will be subject to a spending limit based upon 1992 conditions. Under Amendment 1, the Utilities will have to request that the voters approve a change in revenue/spending when the demand for increased service is a function of the weather. It is estimated that it will cost more than $50,000 to hold such an election. . It will cost taxpayers additional money to hold elections. This measure requires an election notice with budget facts and comments on both sides to be mailed to all registered voters. In Fort Collins there are approximately 53,000 registered voters. At a bulk rate of ' .2481 for postage, this totals $13,000 just to send the notices. Printing and other municipal costs will be more than $37,000. Therefore, it will cost more than $50,000 to hold an election to obtain voter approval to place existing sales tax revenue into a reserve for future use. Tax limitations are in effect in other communities. Tax limitations are in effect in Colorado Springs, California, and Massachusetts. Currently, Massachusetts has the 7th highest state and local government taxes per capita, and California the IOth highest. (Colorado is 24th highest out of 50.) Colorado Springs is in the upper third for combined state and local sales tax (higher than 68% of the 267 towns and cities in the state of Colorado). Nearly 213 (60%) of Colorado cities and towns have a combined sales tax rate higher than Fort Collins.3 Local taxer initiatives affect municipal credit ratings. Moody's downgraded Colorado Springs' general obligation debt rating from Aal to Aa, and certificate of participation rating from Al to A, noting that "continued weakness in the local economy combines with uncertainties surrounding recently s ibid. 144 October 6, 1992 enacted Charter amendments to limit the city's fiscal flexibility." When considering a voter -imposed revenue limit, Moody's assesses "how tightly the administration's hands have been tied.i4 This amendment constitutionally changes representative democracy. Representative local government is closest to the people to whom it provides services and provides the services that citizens say they want. Under this amendment, government would not be able to conduct business without a vote of the people. Government will not be able to plan for the future, be fiscally conservative without curtailing spending/revenue limits for future years, or react to financial markets and situations. In a papers examining the process by which voters approach complex ballot issues, researchers found that in voting on propositions, the rationale used by individual voters to make a decision may not be in the interests of the process as a whole. In the face of a complex ballot, voters will either not choose a preference or vote no on propositions depending on ballot location. This behavior, while individually rational, undermines the idea of giving voters a direct say in policy making through the use of ballot propositions. These patterns suggest to the researchers that using propositions as a means to exercise direct democracy results in unwanted side - effects when it is over used. AMENDMENT 2 Amendment 2 is an initiated amendment prohibits all levels of government from prohibit discrimination based on sexual Language of Amendment 2 to the Colorado Constitution which establishing or enforcing laws which orientation. "NO PROTECTED STATUS BASED ON HOMOSEXUAL, LESBIAN OR BISEXUAL ORIENTATION. Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities, or school districts, shall enact, adopt or enforce any statute, regulation, ordinance, or policy whereby homosexual, lesbian, or bisexual orientation, conduct, practices, or relationships shall constitute or otherwise be the basis of, or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination. This Section of the Colorado Constitution shall in all respects be self-executing." Moody's Municipal Issues, October/November 1991, ps. 1-5. 5 Ballot Propositions and Information Costs: Direct Democracy and the Fatigued Voter, Bowler, Donovan, and Happ, The Western Political Quarterly, June 1992, ps. 559 - 568. ' 145 October 6, 1992 Amendment 2 intrudes on the rights of home rule municipalities. The City of Fort Collins is a home rule municipality and strongly believes in the importance of Article XX of the Colorado Constitution which grants home rule municipalities "the full right of self-government in local and municipal matters". The citizens of the State of Colorado also have a long-standing tradition of home rule. There are 68 towns and cities, which include over two million of the state's three million people, that have affirmed independent decision making by adopting home rule charters. From advisory boards to public hearings, voters take an active part in making local decisions. This proposed amendment forces voters to sacrifice their right to vote on this issue. The authors of the amendment acknowledge that part of their goal is to overturn existing local laws. This issue had been decided in three Colorado communities after public hearings or by the voters. The Commission on the Status of Women opposes Amendment 2. On May 18, 1992 the Commission on the Status of Women passed a resolution opposing Amendment 2 because it believes that such an amendment to -the constitution would violate women's civil rights. Furthermore, the Commission believes that in order to promote the welfare of all women of the community, regardless of race, creed or sexual orientation, it is appropriate and necessary to oppose this amendment. A copy of Resolution 92-1 of the Commission on the Status of Women is attached. AMENDMENT 6 Amendment 6, also know as the Colorado Children First Act of 1992, would increase the state's sales tax from three cents to four cents beginning December 1, 1992, with all revenues raised by the additional one cent sales tax being earmarked exclusively for pre -kindergarten through twelfth grade public schools. The measure would also require and fund a number of educational reforms. (Please refer to the attached summary of the Act.) Fiscal impacts of Amendment 6. The State of Colorado Office of Budgeting and Planning estimates that a 10 increase in the state sales tax will raise an estimated $320 million annually with approximately $7.6 million generated from Fort Collins for the state general fund. (The City's Budget Office estimates that 10 will generate $9 million in 1993.) In FY 92-93 Poudre R-1 will receive approximately $37 million from the state general fund via the School Finance Act. The State Office of Budgeting and Planning also predicts that without the 12 sales tax the State General Fund will be able to provide only $28 million to Poudre R-I in FY 93-94. This represents a $9 million decline in funding to Poudre R-I due to lack of General Fund 146 October 6, 1992 ' resources. In other words, Poudre R-1 could experience a loss of funding from the General Fund equal to or greater than the potential locally generated state sales tax revenue. Summary of the School Finance Act In 1988, the state legislature passed a new School Finance Act, which had two major goals. 1.) Equalize spending per student. 2.) Reduce dependency on the property tax as a funding source. A district's total program funding for any given year is determined by the Act based upon unit costs for pupils and numbers of units. (See the attached funding formula.) This total program funding is supported by both local property taxes and state aid. Property tax revenue is generated in the district by the mandated uniform statewide levy. State aid is then utilized to "backfill" the difference between the total program funding and the tax yield from the mill levy. Districts are prohibited from certifying a levy in excess of that computed under the provision of the Act. In the event a district certifies a lesser levy, state aid is reduced in the same proportion as property tax revenue. In 1988, the property tax share of total spending was 57.2%; by 1992-93 the state legislature had decreased this share to 44.5%. Because total school spending was not decreased, the amount of state aid required has increased beyond that amount necessary to account for inflation and growth in enrollment. Financing Needs of the School Finance AcO ' With a reduction in the property tax share from 57Y to 44.5%, there was a reduction in a dedicated revenue source (property taxes). This revenue stream was intended to be replaced with state aid. The state has used a number of one- time revenue sources to provide the state aid. In 1991, the legislature changed the budget year for schools from a January to December calendar to a revised July to June calendar. This allowed school districts to collect twelve months worth of property taxes for use in a six-month school year (transitional FY 92). This provided enough property tax to pay for 78% of the total school bill for that six months, allowing for $131 million in unused state aid and $71 million in surplus property tax to be carried over to the following year. FY 1992-93 Total state aid equals $1,277.3 million, or 55.36Y of total program funding. Property tax revenues remain constant at $1,078 million. ° Information obtained from a fact sheet provided by. the Colorado Legislature's Joint Budget Committee. ' 147 October 6, 1992 3. Requiring districts with property tax carry -forwards from the transitional fiscal year to offset state aid payments saves $74.1 million in FY 1992- 93. However, as with other funding sources, this money will not be available in FY 1993-94, thus contributing to the funding requirements in FY 1993-94. 4. Of the total state aid, $147.6 million is funded from the Property Tax Reduction Fund which will not be available in FY 1993-94. 5. The additional $33 million of General Fund monies used in FY 1992-93 likely will not be available in FY 1993-94: $20 million of "one-time" fixes available only in FY 1992-93; . a $9 million expected decrease in Federal school lands/mineral lease revenues; and a $4 million expected decrease/stabilization in tax revenues from new "double deduction" provisions. FY 1993-94 1. Pupil enrollment on which the FY 1993-29 Equalization Program funding is based is expected to equal 583,612 (the average of the October 1992:and February 1993 counts), an increase of 16,145 pupils from FY 1992-93. 2. Total state aid is projected to equal $1,372.4 million, or 55.5% of total ' program funding. 3. Property tax revenues are projected to increase by $25.6 million. 4. To achieve the total state aid funding amount, new General Fund revenue needed in FY 1993-94 is $275.9 million. Additionally, to restore the General Fund reserve requires $14 million; however, the recent Legislative Council forecast indicates that increased revenues may restore the reserve close to a 4% ievel. 5. Of the $275.9 million FY 1993-94 of new General Fund monies needed, $67.8 million goes to districts to fund expected new enrollment. The balance is for replacement of funding sources which likely will not be available in FY 1993-94. Education is a basic human need as defined by the Human Services Policy. Education is defined by the Human Services Policy as a basic human need and the policy also states that the City will undertake appropriate and feasible actions to safeguard the community's human resources by assisting individuals and families in meeting their basic human needs. A feasible action is to support the Children First Act. The policy states that focusing on prevention versus intervention will help reduce the demand for resources by human service providers. Arguably, education 148 [a October 6, 1992 facilitates a citizen's ability to participate fully in the community, helps citizens to help themselves, and is preventative in nature. In addition, the policy directs the City to work to strengthen government efforts at problem -solving by participating in regional efforts. Governor Romer, Poudre R-1 School District and other local governments are either champions of this issue or have gone on record in support. Finally the policy says that the City will examine the distribution of community tax dollars to assure the needs of the citizens of Fort Collins are being equitably met. According to the State Office of Budgeting and Planning, without the 10 sales tax which would generate approximately $7.6 million from the citizens of Fort Collins, Poudre R-1 could experience a $9 million decline in funding from the state general fund. Tax Policy Issues Municipalities, counties and other local governments rely primarily on local sales tax revenue. Local governments do not have the option to draw upon income tax for revenue, leaving only two options for major revenue sources; sales tax and property tax. The state has the option of removing exemptions from the state sales tax base to increase revenue or to seek an increase in the state income tax. An additional one cent state sales tax will make it more difficult to ' increase local sales tax for important local community needs. Because of its inherent regressive tendencies, low and moderate income residents may experience a greater financial hardship than under an increase in income tax. According to the 1991 U.S. Advisory Commission on Intergovernmental Relations, Denver's combined state-1oca1 sales tax would be the second highest in the nation among the 49 largest cities if the one cent sales tax is approved. AMENDMENT 8 Amendment 8 is an initiated amendment to the Colorado Constitution to create the Great Outdoors (GO) Colorado program; to provide for the permanent dedication of net proceeds from every state supervised lottery game for the program after payment of certain obligations. The initiative is designed to preserve, enhance, and invest in parks, trails, open spaces, wildlife, water for recreation, and environmental education by redirecting existing lottery income. Lottery funded portions of the State Capitol Construction Fund would be redirected to GO Colorado. When Colorado voters approved the lottery in 1980, it appeared that the money would be used for parks and open space purposes. However, a clause in the 1980 ballot language has allowed the legislature to allocate as much as 65% of the lottery proceeds to other state projects such as the Colorado Convention Center, -state fairground improvements, prisons, and state colleges and universities. GO Colorado eliminates that clause. 149 October 6, 1992 Fiscal impacts of Amendment 8 The State Capital Construction budget is normally around $70 million per year, typically about one half, about $30 to $35 million (depending on sales), is provided by the lottery. GO Colorado redirects this lottery money into the Great Outdoors Trust which will be administered by a board of trustees to oversee a statewide grant program. The money will be allocated as follows: 25% matching funds for local parks and open space; 259 for statewide open space acquisition; 25% for state parks; and 25% for wildlife. In order to allow the legislature to pay its existing capital obligations, this funding will be phased in, and the full amount would not be available until 1998. City staff does not know how much money would be received in Fort Collins due to the allocation process and the nature of the competition for the funding. Staff believes that an amount of $100,000 to $300,000 per year is not unreasonable to assume, in addition to other specific funding for this region for non -City projects. GO Colorado estimates that had the amendment been fully implemented in 1991, Fort Collins would have received an additional $263,182 from the Conservation Trust Fund for local park programs, a 65% increase. One of the recipients of State Capital Construction Fund money is Colorado State University. The average annual capital construction appropriation to Colorado State for the last ten years has been about $3.5 million and the average annual maintenance appropriation has been less than $1 million. In 1992-93 Colorado State funded $7.5 million in construction and maintenance projects. If the average contribution from the State Capital Construction Fund is $4.5 million, that would be 60Y of the funding for 1992-93 construction and maintenance projects. If lottery is typically 50Y of the state's contribution, that would be 30% of CSU's funding for construction and maintenance projects. Colorado State has indicated that it would experience significantly greater problems in the future addressing the infrastructure and capital construction needs of its aging facilities." Debra Kaestner Assistant to the Director of Administrative Services gave an overview of the Legislative Review Committees evaluation of state issues. She stated the Legislative Review Committee requested that Council take a position on amendments one and two. Finance Director Alan Krcmarik spoke of Tabor III implications, and the financial impact Amendment I would have on City funds. Councilmember Horak made a motion, seconded by Councilmember Maxey, to adopt Resolution 92-157. Yolanda C. Nicely, 749 South Lemay, spoke in opposition to Amendment #1. Bruce Lockhart, 2500 E. Harmony Road, stated he supported Amendment #1. 150 October 6, 1992 ' Nancy DeCook, 3131 Longhorn Court, stated Council should not take a position on the issues, adding it may influence citizens decisions on the issues. Dick DeCook, 3131 Longhorn Court, asked if Council had taken a position on the Tabor Amendment in the past and opposed its decision to take a position due to Council having a special interest. Arnold Gum, 2218 Ayrshire Drive, supported Council taking a position on issues that may affect the quality of life in Fort Collins. Kent Fairbrooke, 2009 Harmony Drive, stated by Council taking a position on the issues citizens would not educate themselves on the issues. Mayor Kirkpatrick spoke of the structure and purpose of the Legislative Committee. Councilmember Winokur questioned why only a few of the issues were focused on. Councilmember Horak stated the issues that may have an impact on municipal government were addressed and commented that Council has a responsibility to inform the citizens of its views and the reasons for them. Councilmember Winokur disagreed with taking positions, but recognized the need ' to facilitate discussion on the issues. Councilmember Maxey stated it was City Government's responsibility to inform citizens of possible impacts, but not its position to suggest how to vote. Mayor Kirkpatrick spoke in support of the Resolution. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Horak and Kirkpatrick. Nays: Councilmembers Winokur and Maxey. THE MOTION FAILED. Councilmember Maxey made a motion, seconded by Councilmember Horak, to adopt Resolution 92-158. The following people spoke in opposition of the Resolution: 1. Susanne Nix, Representative for the Colorado Family Values. 2. Susan Steiner, 2009 Stover. 3. Paul Wright, 2025 College Avenue. 4. Peter Trosen, 112 Yale Avenue. 5. Jeff Robinson, 1113 Fugus Drive 6. Jim Weber, 2052 Bennington Circle. 1. Ken Hafcoat, 1511 Fairday Circle. 8. Art Dillion, 401 Aspen Ridge Drive. , 151 1 October 6, 1992 9. Abe Ramos, 205 Buckingham. 10. Pat Redmond, 624 Endicott. 11. Cherylynn Hess, 3397 Terry Lake Road. 12. Howard Lindholm, 3204 West Coutny Road 50. 13. Ron Murphy, 1430 Centennial Road. 14. Steve Holman, 2834 Dunbar Avenue. The following people spoke in support of the Resolution: 1. Leroy Gomez, Representing LULAC. 2. Craig Walling, 228 West Prospect. 3. Lauren Gross, 1600 Banyon Drive. 4. Steve Woodall, 927 West County Road 80. 5. Richard Swann, 1437.E. Mulberry. 6. Tim Sagan, 1312 Morgan Street. 7. Yolanda C. Nicely, 749 South Lemay. 8. Arnold Gum, 2218 Ayrshire Drive. 9. Roy Jones, 2004 Valley Forge. 10. Ricki Calkins, Human Relations Commission Representative. 11. John Gascoyne, 718 West Mountain. 12. Jim Norman, 422 West Myrtle. 13. Tom DeRosa, 1413 Ottawa Court. 14. Cindy Swindell, 620 Mathews. 15. Debra Moyer, 321 South Whitcomb. 16. John Superno, Fort Collins resident. 17. Jim Wyatt, 1017 West County Road 72. 18. Elissa Covell, Fort Collins resident. 19. David Roy, Fort Collins resident. 20. Frank Hill, 2643 Adobe. Mayor Kirkpatrick commended the participants for their interest and discussion on the item. Councilmember Horak spoke of possible impacts the amendment would have regarding the City as a home rule municipality. Councilmember Winokur voiced his opinions regarding home rule and the effect of the resolution. Councilmember Maxey stated he introduced the resolution for •the.epurpose of allowing a forum to be held but disagreed with Council taking a stand on the issues. Mayor Kirkpatrick stated she supported the resolution and emphasized the importance of protecting home rule rights. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Horak and Kirkpatrick. Nays: Councilmembers Maxey and Winokur. 152 lolls I�)ti(�P�yli� Other Business d October 6, 1992 r Councilmember Horak made a motion, seconded by Mayor Kirkpatrick, to place on the October 20 agenda, a resolution in support of the citizen initiated ordinance on the proposed 1/4 cent sales and use tax for natural areas. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Consideration of a Complaint Filed by Ms. Barbara Allison Alleging a Conflict of Interest on the Part of Mayor Kirkpatrick requested that Councilmember Horak chair the meeting and withdrew from discussion on this item due to a perceived conflict of interest. Councilmember Maxey withdrew from discussion on this item due to a perceived conflict of interest. I City Manager Steve Burkett stated he was named in the complaint and also removed himself from the room. Due to the lack of a quorum, there was no discussion on this item. Adjournment The meeting adjourned at 12:10 a.m. furl �-I'a A ""—/, Mayor ATTEST: City Clerk 153