Annexation battle heats up capitol

By Dan MacArthur
Fossil Creek Current

Opponents fighting Fort Collins' efforts to annex the nearly three-square-mile southwestern enclave got more bang than they bargained for in a bill pending before the Colorado Legislature.

Now the question is whether they can hang onto the big gun they were handed in the face of a constitutional challenge to the legislation's legality.

Angry residents and business owners in the area have been staging a grassroots insurrection since Fort Collins almost a year ago set into motion the city's largest single annexation. Located generally south and east of the intersection of Harmony and Taft Hill roads, the enclave is home for some 3,100 residents living primarily in rural subdivisions, and more than 100 businesses located predominantly on the Kelmar Strip along South College Avenue. The area became surrounded by open space lands within the Fort Collins city limits in 2001, making the enclave eligible for annexation after three years.

The opponents have succeeded in slowing the annexation process as the city intensified efforts to resolve concerns about increased costs and oppressive regulation. But protesters continued pressing for protections and upped the ante by seeking legislative relief this year.

House Bill 1159 introduced by state Rep. Angie Paccione, D-Fort Collins, would create an annexation transition committee to serve as a communication vehicle between municipalities and residents of enclaves they intend to annex. It also would require that any municipality entering into an intergovernmental agreement regarding annexation of enclaves record that agreement with the county clerk so would-be purchasers of property would be aware of the potential for annexation.

Drafted with Fort Collins' assistance and support, the bill readily cleared the House. The Senate proved even more receptive, amending the bill to mandate that any proposed annexation be approved by voters in enclaves of 50 acres or more, occupied by 100 or more residents.

"The residents of the enclave were delighted," said state Sen. Steve Johnson, R-Fort Collins, senate sponsor of the bill. "Of course the city hates that. Basically every city in the state hates that."

"If you're going to have a vote, have the city vote on it, too," countered Fort Collins Mayor Doug Hutchinson.

Paccione said she decided to refer the measure to a House-Senate conference committee for further discussion and possible reconciliation. The date of that conference committee had not been determined as of press time.

"The bill came out of the House pretty weak, I have to admit," she said. "They (the Senate) wanted it to have more teeth, but I didn't think I could get it out of the House with that much teeth."

Saying she supports the Senate bill's stronger language and is prepared to fight for it, Paccione added, "I wanted to be clear that we're not passing some kind of unconstitutional law" because state law clearly allows cities to annex enclaves.

Enclave residents deserve representation, Paccione said, because they currently have none. They cannot currently vote for the city council, she noted, and the county commissioners have stepped back because of an intergovernmental agreement that requires Fort Collins to annex such enclaves when they are surrounded by the city.

"They have no representation," agreed Larimer County commission chairman Glenn Gibson. "I think they have a valid argument."

Johnson agreed there is a constitutional concern, but he believes that the legislature still has the ability to pass a law requiring an affirmative vote of enclave residents before annexation can occur. And if cities, towns and their advocacy organization--the Colorado Municipal League--disagree, Johnson said, they can always file a lawsuit and sort the issue out in court.

Johnson said he didn't see much room for compromise. "You either have a vote of the people or you don't," he said, and he was willing to fight for the vote if that's what residents want. But he said there also was a risk that the whole bill could be rejected, eliminating the protections already approved.

"I want to hear from the residents, but I don't want to give CML time to beat up on the bill," he said.

Beyond the constitutional issue, critics are challenging the wisdom of such legislation.

"We think this bill is a total disaster," said Fort Collins City Council member Ben Manvel. In a letter to Paccione and Johnson, he expressed support for the original bill but disdained the amended version, which he characterized as the "zits" bill.

"Residents of an enclave will generally vote against being annexed," Manvel wrote. "They are not stupid and know that they can enjoy essentially all of the benefits of being in a city while avoiding paying city taxes. Why would they vote to annex?"

"On the other hand, providing services to enclaves is a problem. If your amended bill passes, in 10 years the map of Colorado will look like a teenager with a bad case of zits," he continued. "Counties will be responsible for dozens of islands, some only a few blocks in size, separated from the rest of their territory by miles of city."

But Johnson was not sympathetic. "It's not like they're surrounded by urban-level development. It (annexation) is obviously for the tax revenue," he contended. Plus, he said, it may be a good idea insisting that cities earn the consent of those they intend to annex.

"I think we ought to have the city sell them on it," he said.

Hutchinson said Fort Collins is about midway through an intensive outreach effort to do just that. He said every concern raised by enclave residents has been resolved, other than the ability to fire guns within the city limits. Hutchinson said a new zoning district was developed to preserve the rural character of the area, electricity rates will be reduced, and the right to keep livestock will be grandfathered in.

"We're going out of our way to mitigate these impacts," Hutchinson said, contrary to the claims of "a bunch of activists spreading misinformation and emotion."

"None of those apocalyptic things are going to take place," he insisted.