HomeMy WebLinkAboutMINUTES-07/18/2000-RegularJuly 18, 2000
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, July 18, 2000, 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: Bertschy, Byrne, Kastein, Martinez, Wanner and Weitkunat.
Councilmembers Absent: Mason
Staff Members Present: Fischbach, Harris, Roy.
Citizen Participation
Steve Kain stated that he has recently established a designated driver service and that he needs letters
of support from government officials for his Public Utilities Commission application.
Jim Harr, resident of the Brown Farm Subdivision area east of the Rodeo Detention Pond
construction project, spoke regarding the impact of night work and truck noise at the construction
site.
Kelly Ohlson, 2040 Bennington Circle, spoke against placing a one -tenth cent sales tax for street
maintenance on the ballot.
Susan Williams, no address given, spoke regarding the need for funding in the next budget for
transportation and paratransit.
Sally Craig, 1409 South Summitview, spoke regarding the impact on neighborhoods of night truck
traffic for construction projects.
Randy Fischer, 3007 Moore Lane, spoke regarding the voter -approved South Taft Hill Road
widening project and asked for careful consideration of the ballot language regarding the project
before any decision is made to narrow the roadway. He stated that Taft Hill needs to be widened
adequately to meet future service needs.
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Citizen Participation Follow-up
Mayor Martinez requested an update regarding truck traffic for the Rodeo Detention Pond project.
City Manager Fischbach presented an update regarding the detention pond project and the hauling
of dirt by trucks from that site to the Wal-Mart project site. He spoke regarding efforts to modify
and publicize the hauling schedules along the Drake Road and Lemay corridors. He outlined
enforcement and signalization efforts to mitigate the impacts of the projects and the reasons for
night-time hauling. Mayor Martinez asked if the trucks are in compliance with noise requirements.
City Manager Fischbach stated that noise levels have been monitored and that the noise level is
within allowable parameters. Mayor Martinez asked for clarification that the use of large trucks will
minimize the number of truck trips. City Manager Fischbach stated that each of the larger trucks
carries three times a normal dump truck load.
Agenda Review
City Manager Fischbach stated that item #16 First Reading of Ordinance No. 82, 2000, Amending
Ordinance No. 118, 1999, Which Providedfor the Issuance of$8,890, 000 q(Private Activity Bonds
for the Dry Creek Apartments Project and Authorizing the Execution of Certain Related Documents
and Instruments (Option I and Option 2) is being pulled from the Consent Calendar because of the
need to select one of the two options, that a Housing Authority Board of Directors meeting will be
held at the conclusion of the City Council meeting, that item #32 Resolution 2000-94 Authorizing
the Subordination to the Bank ofAmerica of the Restrictive Covenants Which Require Twenty Years
of Affordabilityfor the Project Known as the VFK Senior Apartments " is being withdrawn from
the agenda because it has been determined that this action is not needed, and that a revised ordinance
has been prepared for item #33 Items Relating to the Licensing and Regulation of Pawnbrokers and
Secondhand Dealers.
Kelly Ohlson, 2040 Bennington Circle, pulled item #12 Second Reading ofOrdinance No. 77, 2000,
Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Wastewater Utility
Enterprise, Sewer Revenue Bonds, Series 2000, Dated July 1, 2000, in the Aggregate Principal
Amount of $5, 665, 000, in the Wastewater Utility Fund and item #20 Items Relating to Calling a
Special Election forNovember 7, 2000, and Placing Proposed Charter Amendments on Said Ballot
from the Consent Calendar.
CONSENT CALENDAR
7. Consideration and approval of the Council Meeting minutes of June 6 2000 June 20 2000
and the adjourned meeting minutes of June 19 2000
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8. Second Reading of Ordinance No 73 2000 Appropriating Prior Year Reserves in the
Ca ital Expansion Fund for Improvements Relating to the Provision of Librga Services.
Ordinance No. 73, 2000, which was unanimously adopted on First Reading on June 20, 2000,
appropriates prior year reserves for the purchase of books and materials for the library
system.
9. Second Reading of Ordinance No. 74 2000 Appropriating Unanticipated Revenue in the
Flood Mitigation Fund and Authorizing the Transfer of Appropriations Between Funds for
Proiects Pertaining to Flood Mitigation Measures
Ordinance No. 74, 2000, was unanimously adopted on First Reading on June 20, 2000, and
authorizes the appropriation of grant proceeds received from the Colorado Office of
Emergency Management and the transfer of existing appropriations to be used for flood
mitigation measures and disaster preparedness initiatives. Specifically, the grant proceeds
and required City matching funds will be used to: (1) design a website displaying stream flow
and weather data to the public; (2) design and develop a new brochure on the City's early
warning system; and (3) conduct public meetings aimed at increasing the public's
understanding and ability to react to natural disasters.
First Reading of the Ordinance reflected the appropriation of the proceeds from the three
grants from the Office of Emergency Management in the Flood Mitigation Fund and the
transfer of matching funds from the Storm Drainage Fund. Two of the three grants are to be
appropriated in the Storm Drainage Fund and the transfer of matching funds should be from
the City's General Fund. This Ordinance has been corrected for Second Reading.
10. Second Reading of Ordinance No. 75, 2000 Appropriating Unanticipated Revenue in the
General Fund for Preparation of a Chemical Biological and Radiological Response Plan
The Colorado Office of Emergency Management, through an agreement with the Federal
Emergency Management Agency (FEMA), awards Emergency Management Performance
Grants (EMPG) through the Terrorism Consequence Management Preparedness Assistance
(TCMPA) fund to qualified local governments to improve the ability of local communities
to respond to and recover from acts ofterrorism involving weapons of mass destruction. The
City of Fort Collins Office of Emergency Management was one of a handful of cities across
the country to be selected for this grant. The award totaling $144,617, will cover personnel
costs associated with authoring the Plan, training and development, seminars and site visits,
materials and supplies, and a weapons of mass destruction command development for state-
wide distribution. Ordinance No. 75, 2000, which was unanimously adopted on First
Reading on June 20, 2000, appropriates unanticipated revenue for preparation of a response
plan.
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11. Second Reading of Ordinance No 76 2000 Appropriating Unanticipated Grant Revenue in
the General Fund for the Startup and Operation of the State Welcome Center.
With an intergovernmental agreement, the City contracted with Colorado State University
for visitor center space at the Environmental Learning CenterNisitors Center to the south of
Prospect Road, approximately one -quarter mile west of Interstate 25. The City, in its effort
to welcome and attract visitors to Fort Collins through the efforts of its convention and
visitor services contractor, the Fort Collins Convention and Visitors Bureau (CVB), will use
the space for the Fort Collins Welcome Center. The CVB, in addition to promoting tourism
activity, will operate the Welcome Center. Ordinance No. 76, 2000, was unanimously
adopted on First Reading on June 20, 2000.
12. Second Reading of Ordinance No 77 2000 Appropriating Proceeds from the Issuance of
City of Fort Collins, Colorado, Wastewater Utility Enterprise Sewer Revenue Bonds Series
2000, Dated July 1, 2000, in the Aggregate Principal Amount of $5 665 000 in the
Wastewater Utility Fund.
Ordinance No. 77, 2000, which was unanimously adopted on First Reading on June 20, 2000,
appropriates proceeds in the Wastewater Utility Fund for the acquisition and construction of
sanitary sewer system improvements and the cost of issuing the bonds. This Ordinance has
been revised to more specifically state the amount being appropriated.
13. Second Reading of Ordinance No. 78 2000 Authorizing the Transfer of Appropriations
from the Transit Fund to the Ca itan 1 Projects Fund to be used for the Final Design and
Construction of the Downtown Transit Center.
The Downtown Transit Center will be constructed on the site of the historic railroad freight
depot located on the northeast corner of Mason Street and Laporte Avenue and will serve as
the northern hub for Transfort/Dial-A-Ride. With these transit center improvements, in
conjunction with the Mason Street Transportation Corridor conceptual design, this facility
will become a premier multi -modal operation serving the civic center and the entire
downtown. Ordinance No. 78, 2000, was unanimously adopted on First Reading on June 20,
2000.
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14. Second Reading of Ordinance No 80 2000 Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary for the Construction of Public
Improvements in Connection with the Street Oversizinng Project Timberline Road from
Harmony Road to Harmony Drive
This proposed right-of-way effects seven lots abutting Timberline Road. The City has
acquired three of the parcels needed for the project and is negotiating with the remaining four
property owners. Ordinance No. 80, 2000, which was unanimously adopted on First Reading
on June 20, 2000, authorizes the City to begin condemnation proceedings if the negotiations
are not successful.
15. Second Reading of Ordinance No 81 2000 Amending Section 3 3 3 of the Citv's Land Use
Code Concerning Development in the Poudre River Floodplain
Ordinance No. 81, 2000, which was unanimously adopted on First Reading on June 20, 2000,
authorizes certain changes to the City's Land Use Code in regard to "water hazards" that
might be caused by development in the Poudre River Floodplain.
16. First Reading of Ordinance No. 82, 2000 Amending Ordinance No 118 1999 Which
Provided for the Issuance of $8 890 000 of Private Activity Bonds for the Dry Creek
Apartments Project and Authorizing the Execution of Certain Related Documents and
Instruments. (Option 1 and Option 2)
Representatives from Concorde Capital Corporation contacted the City of Fort Collins in
December 1998 requesting that the City consider issuing private activity bonds for the
purpose of financing an affordable housing project. Council approved the issuance of
$8,980,000 of bonds for the project on August 3, 1999, by adopting Ordinance No. 118,
1999. Ordinance No. 118, 1999 provided for temporary financing that would be converted
to permanent financing within one year. Although, the project has progressed, the permanent
financing is not yet completed. The Corporation has negotiated with the bond holders for
an extension oftime to complete the permanent financing. This Ordinance will authorize the
amendment of the appropriate documents to provide the additional time needed to complete
the permanent financing.
17. Resolution 2000-96 Authorizing the Acquisition by Eminent Domain Proceedings of Certain
Lands for the Locust Street Outfall Project
The construction of the Locust Street Outfall is scheduled to start this summer. As part of
the design process, an application was submitted to OmniTRAX, Inc., a holding company
for the Great Western Railroad, for the crossing of the railroad tracks via a tunnelibore.
OmniTRAX indicated that it would allow the crossing of the tracks, but the City needed to
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pay $1,500 per year or a lump sum of $37,000 for the crossing. These fees are considerably
higher than the City has historically paid for crossing licenses. Staff has attempted to
negotiate with the Railway Company, without success. Staff recommends commencing the
eminent domain process to obtain an easement across the railroad right-of-way.
18. First Reading of Ordinance No. 85, 2000 Designating the Marsh/Geist House and Garage
1006 LaPorte Avenue Fort Collins Colorado as a Historic Landmark Pursuant to Cha ter
14 of the City Code.
The owner of the property, Tim Hackett, is initiating this request for Fort Collins landmark
designation for the Marsh/Geist House and Garage. The buildings are significant for their
architectural importance to Fort Collins. The house is a good example of Craftsman
bungalow architecture. The vernacular front gable garage dates to the period of significance
and contributes to the architectural importance of the property
19. First Reading of Ordinance No. 86, 2000 Desipiating the Franz -Smith Cabin Fort Collins
Museum, 200 Mathews Street, Fort Collins Colorado, as a Historic Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins
The owner of the property, the City of Fort Collins, is initiating this request for Fort Collins
landmark designation for the Franz -Smith Cabin. This building is important for its
architectural and historical significance to Fort Collins. The Franz -Smith Cabin is an
unusual two-story log structure. Dating from the homestead period in Fort Collins, the
building is associated with the Franz family. The cabin illustrates the community's
agricultural roots, and will be used by the Museum as a vehicle for the interpretation of early
homesteading in Fort Collins.
20. Items Relating to Calling a Special Election for November 7 2000 and Placid Proposed
Charter Amendments on Said Ballot.
A. First Reading of Ordinance No. 87, 2000, Calling a Special Municipal Election to Be
Held in Conjunction with the November 7, 2000 Latimer County General Election.
B. First Reading of Ordinance No. 88, 2000, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Articles IX and X of
the City Charter, Pertaining to Petition Circulators.
C. First Reading of Ordinance No. 89, 2000, Submitting to a Vote of the Registered
Electors of the City of Fort Collins a Proposed Amendment to Article IV of the City
Charter, Pertaining to Residency Requirements.
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Ordinance No. 87, 2000, calls a Special Municipal Election to be held in conjunction with
the November 7, 2000 Latimer County General Election. The remaining Ordinances place
individual Charter amendments on the November 7, 2000 Special Election ballot. The
proposed Charter amendments were considered by the Council Governance Committee, and
discussed by the Council at its June 27 study session.
21. First Reading of Ordinance No 90 2000 Authorizing the Mayor to Execute a Deed
Establishing and Limiting Rights of Access Along a Certain Portion of State Highway No
68 (Harmony Road), and Accenting a Quit Claim from the Colorado Department of
Transportation to the City Eliminating Existing Rights and Limitations of Access
The Preston Center at Wild Wood Business Park First Filing (the "Development") was
approved by the City early in 1999 and included in its approval the dedication to the City of
a new street to be known as Gifford Court, which street will intersect with East Harmony
Road. The Development approval also included certain other City -required improvements
to Harmony Road along that portion of Harmony Road abutting the Development. The
developer has completed the construction of Gifford Court in accordance with the approved
utility plans but has not connected Gifford Court to Harmony Road because the connection
to Harmony Road cannot be allowed until the access line ("A -Line") as previously
established by the Colorado Department of Transportation ("CDOT") and the City has been
amended to make accommodation for Gifford Court and for the other improvements.
The A -Line is an "imaginary" line established by CDOT and agreed upon by the property
owners adjacent to the A -Line establishing the rights and limitations on access to the state
highway. CDOT has developed a system whereby the A -Line is established through deeds
so as to protect CDOT from subsequent arguments by adjacent property owners that they
may own a real property interest in access to the highway. Therefore, the A -Line was
originally established by deeds to CDOT both limiting and granting access to Harmony Road.
In order to modify the A -Line, CDOT has prepared and executed a quit claim deed to the
City and the other adjacent property owners quit claiming CDOT's interest in the presently
existing A -Line. However, CDOT will not deliver the quit claim deed eliminating the
present A -Line unless all of the adjacent property owners grant to CDOT a new warranty
deed establishing the new access points and new limitations and other improvements.
The City becomes involved in this because of its ownership of the right-of-way for Gifford
Court. Since the City already has recorded the development plat, it owns the right-of-way
for Gifford Court and becomes an adjacent property owner along that stretch of Harmony
Road.
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22. Resolution 2000-90 Amendingthe City of Fort Collins Firefighters' Pension Plan
In 1991, the City ofFort Collins authorized active members of the Firefighters' Pension Plan
to convert to a money purchase defined contribution pension plan. The total assets of the
Plan were divided among the active members and the remaining retirees and beneficiaries.
Since the active members left this Plan, the remaining assets of the Plan have been invested
in order to provide ongoing monthly payments to the retirees and beneficiaries of the Plan.
This Resolution provides the authorization for the City to acquire annuities for the retirees
and beneficiaries. The annuities will include a "catch-up" cost of living adjustment for all
retirees and beneficiaries. Due to the recent rise in interest rates, the assets of the Plan were
sufficient to also include an annual cost of living adjustment of 1% per year, the first of
which is to occur on September 1, 2001. Once the annuities are purchased, the Plan will be
terminated.
23. Resolution 2000-91 Adopting the Recommendation of the Cultural Resources Board
Regarding Fort Fund Disbursements.
On November 30, 1998 revised guidelines for the Cultural Development and Programming
and Tourism accounts (Fort Fund) were adopted and approved through the City Manager's
office. These newly adopted guidelines created a three -tiered funding system for
organizations that apply for grants from Fort Fund. Tier #1 was established as an annual
programming fund for organizations whose primary purpose is to present three or more
public events annually. These groups may apply for funding from Tier #1 each April. Tier
#2 allows organizations that are not eligible for Tier #1 support to apply for funding of events
that are not fund-raising in nature and do not generate more than $2,500 in proceeds after
expenses. Tier #3 allows organizations that are not eligible for Tier #1 support to apply for
funding of events that generate more than $2,500 in proceeds after expenses and are fund-
raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each
January and June.
24. Resolution 2000-92 Making Appointments to Various Boards and Commissions
A vacancy currently exists on the Building Review Board due to the resignation of Rudy
Hansch. Councilmembers Kastein and Weitkunat reviewed the applications on file and are
recommending John McCoy to fill the vacancy with a term to begin immediately and set to
expire on December 31, 2001.
Two vacancies also exist on the Community Development Block Grant Commission due to
the resignation of Holly Sample and the removal of Richard Rodarte due to UGA residency
violations. Applications were solicited and Councilmembers Bertschy and Wanner
conducted interviews. The Council interview team is recommending Tia Molander and
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Jennifer Molock to fill the vacancies with terms to begin immediately and set to expire on
December 31, 2001 and December 31, 2003 respectively.
A vacancy currently exists on the Electric Board due to the resignation of Joe DiRocco.
Councilmembers Masons and Wanner reviewed the applications on file and are
recommending Guy Helme to fill the vacancy with a term to begin immediately and set to
expire on December 31, 2003.
Two vacancies also exist on the Youth Advisory Board due to the resignations of Robin
Horak and Brian Fanning. Applications were solicited and Councilmembers Martinez and
Kastein conducted interviews. The Council interview team is recommending Aaron
Steinbach and Robbie Weisser to fill the vacancies with terms to begin immediately and set
to expire on December 31, 2004.
A vacancy also exists on the Youth Advisory Board due to the resignation of Ki Shih (Team
Fort Collins appointee). Team Fort Collins is recommending Mera Geis to fill said vacancy
with a term to begin immediately and set to expire on December 31, 2002.
25. Resolution 2000-93 Making an Appointment to the Housing Authority Board of
Commissioners.
C.R.S. 29-4-205(3) sets forth the process and terms for appointment of commissioners to a
housing authority. The authority is to consist of commissioners selected by the City Council.
Ordinance No. 72, 2000, which was adopted on June 20, 2000, increased the number of
commissioners from five to seven. Pursuant to state statute the commissioners will serve
terms that are staggered from the date of their appointment so that, to the extent possible, the
terms of an equal number of commissioners will end each year. Thereafter, the term of office
shall be five years.
Several meetings were held to discuss the qualities needed by successful commissioners, a
list was generated and the recommended people were contacted. These people all expressed
great interest and enthusiasm. On June 20, 2000, Council adopted Resolution 2000-83 which
appointed six members to the Housing Authority Board. This Resolution will appoint
Kimberly Stenberg as the final member with a term to begin immediately and set forth to
expire on December 31, 2001.
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26. Routine Deeds and Easements.
A. Easement for construction and maintenance of public utilities from Olin and
Jacqueline Ruff, to underground electric services, located at 1401 Pikes Peak.
Monetary consideration: $375.
B. Non-exclusive easement agreement from the Colorado State Board of Agriculture,
to secure a right-of-way for electric and telecommunication connections to the City
Water Treatment Plant. Monetary consideration: $25,000.
C. Utility Easement from Shenandoah LLLC, for a permanent non-exclusive easement
for drainage and utilities, located east of College Avenue and north of County Road
32. Monetary consideration: $10.
D. Deed of Dedication for Easement from Guiseppe DeMarco and First National Bank,
for a permanent non-exclusive easement for drainage and stormwater detention,
located west of Mason between Horsetooth and Harmony Road. Monetary
consideration: $10.
E. Deed ofDedication for Easement from Poudre School District, for a permanent slope
easement, located west of County Road 9 and south of Harmony Road. Monetary
consideration: $10.
F. Deed of Dedication for Drainage Easement from James Construction Company, for
a permanent drainage easement, located west of County Road 9 and south of
Harmony Road. Monetary consideration: $10.
G. Deed of Dedication for County Road No. 9 Right -of -Way, for a permanent right-of-
way for public street purposes, located west of County Road 9 and south of Harmony
Road. Monetary consideration: $10.
H. Deed of Dedication for County Road No. 9 Right -of -Way, for a permanent right-of-
way for public street purposes, located west of County Road 9 and south of Harmony
Road. Monetary consideration: $10.
Deed of Dedication for Easement from Charles S. Webster Trust, for a permanent
slope easement, located west of County Road 9 and south of Harmony Road.
Monetary consideration: $10.
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Deed of Dedication for Drainage Easement from Charles Spike and Kimberly J.
Hoffman, for a permanent drainage easement, located west of County Road 9 and
south of Harmony Road. Monetary consideration: $10.
Items on Second Reading were read by title by Deputy City Clerk Harris.
8. Second Reading of Ordinance No 73 2000 Appropriating Prior Year Reserves in the
Capital Expansion Fund for Improvements Relating to the Provision of Library Services
9. Second Reading of Ordinance No 74 2000 Appropriating Unanticipated Revenue in the
Flood Mitigation Fund and Authorizing the Transfer of Appropriations Between Funds for
Proiects Pertaining to Flood Mitigation Measures
10. Second Reading of Ordinance No. 75, 2000 Appropriating Unanticipated Revenue in the
General Fund for Preparation of a Chemical Biological and Radiological Response Plan
11. Second Reading of Ordinance No. 76.2000 Appropriating Unanticipated Grant Revenue in
the General Fund for the Startup and Operation of the State Welcome Center.
12. Second Reading of Ordinance No. 77, 2000 Appropriating Proceeds from the Issuance of
City of Fort Collins, Colorado. Wastewater Utility Enterprise Sewer Revenue Bonds Series
2000, Dated July 1. 2000, in the Aggregate Principal Amount of $5 665 000 in the
Wastewater Utility Fund.
13. Second Reading of Ordinance No. 78 2000 Authorizing the Transfer of Appropriations
from the Transit Fund to the Capital Proiects Fund to be used for the Final Design and
Construction of the Downtown Transit Center.
14. Second Reading of Ordinance No. 80 2000 Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary for the Construction of Public
Improvements in Connection with the Street Oversizing Project - Timberline Road from
Harmony Road to Harmony Drive
15. Second Reading of Ordinance No. 81, 2000 Amending Section 3 3 3 of the City's Land Use
Code Concerning Development in the Poudre River Floodnlain
Items on First Reading were read by title by Deputy City Clerk Harris.
16. First Reading of Ordinance No. 82 2000 Amending Ordinance No 118 1999 Which
Provided for the Issuance of $8 890 000 of Private Activity Bonds for the Dry Creek
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_Apartments Proiect and Authorizing the Execution of Certain Related Documents and
Instruments.
18. First Reading of Ordinance No. 85, 2000 Designating the Marsh/Geist House and Garage
1006 LaPorte Avenue Fort Collins Colorado as a Historic Landmark Pursuant to Chapter
14 of the City Code.
19. First Reading of Ordinance No. 86, 2000 Desi ating the Franz -Smith Cabin Fort Collins
Museum 200 Mathews Street Fort Collins Colorado as a Historic Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins
20. Items Relating to Calling a Special Election for November 7 2000 and Placing Proposed
Charter Amendments on Said Ballot.
A. First Reading of Ordinance No. 87, 2000, Calling a Special Municipal Election to Be
Held in Conjunction with the November 7, 2000 Larimer County General Election.
B. First Reading of Ordinance No. 88, 2000, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Articles IX and X of
the City Charter, Pertaining to Petition Circulators.
C. First Reading of Ordinance No. 89, 2000, Submitting to a Vote of the Registered
Electors of the City of Fort Collins a Proposed Amendment to Article IV of the City
Charter, Pertaining to Residency Requirements.
21. First Reading of Ordinance No. 90, 2000 Authorizing the Mayor to Execute a Deed
Establishing and Limiting Rights of Access Along a Certain Portion of State Highway No
68 (Harmony Road), and Accenting a Quit Claim from the Colorado Department of
Transportation to the City Eliminating Existing Rights and Limitations of Access
30. First Reading of Ordinance No. 84.2000 Amending Ordinance No 40 2000 Authorizing
Acquisition by Eminent Domain Proceedings of Certain Easements for the Locust Street
Outfall Project.
31. Items Relating to the Licensing and Regulation of Pawnbrokers and Secondhand Dealers
A. First Reading of Ordinance No. 91, 2000, Amending Chapter 15, Article VIII of the
City Code Relating to Pawnbrokers.
B. First Reading of Ordinance No. 92, 2000, Amending Chapter 15, Article XI, of the
City Code Relating to Secondhand Dealers.
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CouncihnemberKastein made a motion, seconded byCouncihnember Wanner, to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byme, Kastein, Martinez, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
Staff Reports
City Manager Fischbach reported that he did not believe that a one -tenth cent sales tax for street
maintenance should be considered for placement on the ballot at this time and that Council may wish
to consider placing this issue on the 2001 election ballot. He stated that he would be recommending
that funding for pavement management for 2001 come from reserves as is the case for 2000. He
noted that approximately $1 million has been set aside in reserves for traffic signal system
replacement and that the additional $4 million ofnecessary funding could come from lease -purchase
over a five to seven year period. He stated that some of these funding issues would be brought forth
for Council consideration as part of the budget exceptions process. He noted that staff is developing
a comprehensive capital improvement plan to include funding recommendations for all service areas
which will be completed by January 2001. He stated that funding strategies will be examined to
address priorities, the reallocation ofexisting revenues to primary services, potential new user and/or
service fees, and the possibility of a tax measure ballot issue.
Councilmember Reports
Councilmember Byrne spoke regarding the budget process and long term regional transportation
funding needs.
Councilmember Weitkunat reported on Growth Management Committee discussions regarding the
Mason Street Corridor, the Taft Hill Road widening project, the Campus West Subarea Plan, and
modifications to the intergovernmental agreement with the County.
Councilmember Bertschy reported on CSU Liaison Committee discussions relating to the Campus
West Subarea Plan, the preliminary draft of the CSU master plan for housing, the sharing of
resources for a staff person for student behavior and CSU area issues, the potential for collaboration
on a concert facility at the old Fort Collins high school site, and an update on administrative changes
at CSU.
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Ordinance No. 84, 2000
Amending Ordinance No. 40, 2000,
Authorizing Acquisition by Eminent Domain Proceedings
of Certain Easements for the Locust Street Outfall Project Adopted on First Readiu
The following is staff s memorandum on this item.
"Financial Impact
The City is seeking to acquire a minor amount of additional land for the temporary construction of
the Old Town Master Drainage Plan capital project. Property appraisals have been completed and
suff cient funds have been appropriated and budgeted. There will be no additional funds expended
for this amended temporary construction easement.
Executive Summary
The construction of the Locust Street Outfall project is currently scheduled for the summer and fall
of 2000. The proposed capital improvements include the construction of approximately 4000 feet
of 108 inch pipe, 540 feet of 12' x 6' culvert and 1700 feet of 72 inch pipe. Additional inlets,
necessary curb and gutter replacement, and asphalt replacement will also be replaced with a 27-
inch sanitary sewer, roughly following the route of the proposed storm sewer.
In Apri12000, City Council adopted Ordinance No. 40, 2000, authorizing the use ofeminent domain
if necessary to obtain the needed easements. After adoption of Ordinance No. 40, 2000, the legal
description for the temporary construction easement for one of the parcels needed for the Project
changed.
Staff has contacted the property owner affected by this change, and with this amendment, believes
a willing seller agreement can be reached with the property owner. However, in order for the
eminent domain authority granted by the City Council in April to conform to the most current
project plans, staff is asking that Council approve this Ordinance revising the legal description for
the required temporary construction easement. "
Councilmember Weitkunat withdrew from discussion and voting on this item due to a perceived
conflict of interest.
("Secretary's Note: Councilmember Weitkunat left the room at this point.)
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July 18, 2000
Councilmember Wanner made amotion, seconded by CouncilmemberBertschy, to adopt Ordinance
No. 84, 2000 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byrne, Kastein, Martinez and Wanner. Nays: None. (Councilmember Weitkunat
withdrawn.)
THE MOTION CARRIED
("Secretary's Note: Councilmember Weitkunat returned to the meeting at this point.)
Resolution 2000-95
Accepting and Approving the Downtown
River Corridor Implementation Program Adopted
The following is staff s memorandum on this item.
"Executive Summary
The Downtown River Corridor Implementation Program is a plan of action for the area along the
Cache la Poudre River near Downtown Fort Collins. The Program is intended to coordinate the
implementation of existing and new projects involving natural features, recreation, public
infrastructure, historic resources, flood mitigation and development. The Program consists of two
distinct phases. The first phase, which concludes with the attached report, has been the process of
identifyingpriorities, recommending nextsteps, and providingpublic outreach. The nextphase will
consist of formation of an interdepartmental "River Team" to guide project implementation.
BACKGROUND:
The objectives of the Program were to coordinate existing projects and develop a prioritized list of
new projects in the Downtown River Corridor. The Program relies on existing plans for its vision,
policies, regulations andpotential action items. City Plan was a primary source, providing for the
area's vision, and principles and policies. In addition, the Program retains the land uses and
development standards contained in the Land Use Code.
Process
The Program was initiated in January 1998 by staffthrough the 1997 -1999 Council PolicyAgenda.
Over 100 meetings were held with City Council, City boards and commissions, community groups
and individuals to gain input on new projects in the Corridor. In addition, staff held numerous
meetings with a newly formed property owners association. Four large public events were held.-
(]) a community symposium was coordinated with the Poudre River Trust on May 30, 1998; (2) an
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open house on May 26, 1999; (3) a community meeting on October 6, 1999; and (4) a joint
stormwater open house on April 3, 2000.
The Parks and Recreation, Planning and Zoning, Natural Resources and Transportation Boards,
the Landmark Preservation Commission and the Downtown Development Authority reviewed the
list of new projects in priority order. Many of the comments made by the boards and commissions
were incorporated into the final project priorities and summary report. Some of the comments are
summarized below:
• The Parks and Recreation Board recommended adoption of the recommended prioritized
projects on April 3.
• The Planning and Zoning Board supported the list of projects with some changes to the
priorities, particularly for flood protection projects, and to funding sources.
• The Natural Resources Board recommended that the Oxbow site be purchased for a natural
area. The Board also recommended that the use of natural resource monies be limited to
priority areas along the river.
• The Transportation Board was concerned about funding transportation improvements given
other city-wide transportation needs and suggested that the priorities should reflect emphasis
on non -vehicular modes of travel.
• The Landmark Preservation Commission in general was supportive of projects. Commission
members supported inclusion of a survey of historical resources into the project list.
• The Downtown Development Authority provided a list of their project priorities.
City Council reviewed background information and the list of projects at a Study Session on April
11, 2000. Since the Study Session, the information developed over the last two years has been
assembled into a report, which also contains Program recommendations.
The Downtown River Corridor Implementation Program contains three recommendations:
Form an interdepartmental staff 'River Team" to coordinate the implementation of projects
between departments and between the City and non -governmental entities.
2. Through the River Team, investigate and pursue existing and new funding sources and provide
coordination for public outreach through all phases of implementation.
3. Implement the following projects:
1st Priority
Cache la Poudre River Habitat Restoration
Linden, Willow and Lincoln Streetscape Improvements
Jefferson/Linden Intersection Improvements
Jefferson/Riverside Streetscape Improvements
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July 18, 2000
Off -Street Public Parking
Contaminated Site Assessments
Recreational River Channel Enhancements Feasibility Study
Oxbow - Acquisition for Public Use
Flood Protection Improvements for the Buckingham Neighborhood
N. College/Vine -Flood Protection
Triangle (Lincoln Avenue) - Flood Protection
Lemay Avenue Levee
Bank Stabilization
2nd Priority
Environmental and Cultural Interpretive Program
Cache la Poudre River Trail Amenities
Linden/Willow Urban Design Features
Gateway at Mulberry and Riverside
3rd Priority
Gateway Features
Downtown Shuttle Service
Also, the report describes existing projects, new projects and possible funding sources. This
information is provided as guidance for the next phase of the Program, which is the analysis, design
and construction or implementation of new projects in the Corridor. "
Timothy Wilder, City Planner, presented background information regarding the agenda item and
described the proposed corridor area and the public outreach regarding the proposal. He stated that
there are three recommendations: (1) formation of a river team to guide implementation of projects;
(2) more fully investigate and recommend funding sources for individual projects; and (3) to
implementation the list of new projects in priority order. He stated that project locations would be
decided during the design process in the next phase.
Mary Humstone, Historic Fort Collins Development Corporation, encouraged the City to consider
(1) conducting a professional cultural resources survey of this area using grant and other funding
sources; (2) developing a comprehensive master plan for the Poudre River corridor before
considering piecemeal development proposals; (3) drawing on nearby properties to determine the
building materials, architectural details and building proportions for large scale projects; (4) greater
detail for Land Use Code standards concerning adjacent historic structures; and (5) a design review
subcommittee to implement the design criteria in the Poudre River corridor.
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July 18, 2000
Joe Rowan, representing the Fort Collins Chamber of Commerce, stated that the Chamber favors
creation of an environment in which business can succeed and promotion of redevelopment in the
downtown river corridor. He stated that redevelopment of existing areas should be the priority, and
he presented site specific recommendations.
Tom Post, president of Rocky Mountain Flycasters, supported the boat chute concept and spoke in
favor of preservation of cold water resources and plans for riparian habitat, water quality and bank
stabilization.
Rheba Massey, 1400 Freedom Lane, spoke regarding the potential adverse effects of portions of the
implementation program on the preservation of Fort Collins' early history. She asked that a citizen
task force be formed to review inconsistencies within the Land Use Code regarding historic
structures.
Betty Maloney, 1309 City Park Avenue, expressed concern that the development of the river and
historic district north of Old Town area will be piecemeal. She stated that the focus for development
in that area should be the history of Fort Collins.
Eric Herman, Poudre Paddlers, spoke regarding the benefits of enhancing recreational opportunities
on the focal point of the river corridor area.
Kelly Ohlson, 2040 Bennington Circle, stated that this program would appear to benefit developers
and landowners at taxpayer expense and expressed concerns regarding the potential impacts on the
wildlife corridor, the location of civic facilities such as a library in the corridor, the use of taxpayer
dollars to cleanup privately polluted sites, the proposed amphitheatre at the Oxbow site, the limited
number of public as compared to business community outreach sessions on the issues, equity issues
relating to redevelopment of other areas and funding for kayaking type river activities that could
damage this plains river.
Randy Fischer, Natural Resources Advisory Board chair, expressed the concerns of the Board
regarding the proposal as expressed in a memorandum to the Council. He stated that the main
concern of the Board is that the proposal would socialize the costs of the plan while privatizing the
profits and that there would be impacts to a natural feature that should be protected. He noted
concerns regarding the emphasis of the plan on unfunded transportation infrastructure and the
purchase of river properties with taxpayer dollars. He stated that the Board objects to modifying the
Land Use Code to make development easier in this section of the river corridor.
Karen Joslin, 2531 Ridge Creek Road, commented that most of the concerns expressed regarding
the proposal relate to site specific redevelopment proposals. She suggested more consideration of
careful treatment of the historic aspects of the area and the areas adjacent to the historically
significant resources.
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July 18, 2000
Jay Hardy, Downtown Development Authority Executive Director, spoke regarding the priorities of
the DDA and supported the proposed plan as a good mix of natural enhancements, public
infrastructure, recreation, and public safety. He spoke regarding the work done on the list of priority
projects. He stated that the DDA Board recommends the adoption of the Resolution.
Bill Sears, owners of the Sears-Trostel property, spoke regarding the obsolescence of the building
and economic aspects of decisions regarding such properties.
Matt Evans, co-owner of the Mountain Shop and river enhancement activist, spoke regarding the
work on the proposed river park concept and the benefits of such projects in other communities. He
listed groups that are in support of the project and urged the City to proceed with the feasibility
study.
Sally Craig,1409 South Summitview, expressed concerns regarding implementation costs given the
current transportation funding deficit. She asked that the City not use public monies for the program
and not include in the plan any mention of placing a library or performing arts center in this area.
Lucy Goda, representing the Colorado Rivers Alliance, Colorado Whitewater Association, and a
member of the Golden Whitewater Park Board, spoke in support of the Lincoln to Linden stretch of
the project. She spoke regarding the success of the Golden project.
Nancy York, 130 South Whitcomb, spoke regarding protection of the river corridor, the careful use
of taxpayer dollars and the location of civic facilities along public transportation corridors.
Councilmember Weitkunat requested clarification regarding proposed funding sources. Wilder
stated that the matrix presented in the report outlines possibilities for funding such as partnerships
with private entities.
Councilmember Weitkunat requested clarification regarding the priorities for the implementation
program. Wilder stated that this is a summary of the kinds of projects that are most important for
the area and that more work needs to be done regarding feasibility. He stated that the intent is to
show that there is a focus in the downtown river corridor and to begin the process to look at specific
projects.
Councilmember Byrne asked about the three recommendations of the implementation program,
noted public interest in the program and asked if a historic survey will be done. Wilder stated that
staff is looking at resources to do the survey and that it is listed as an existing project.
Councilmember Byrne asked if there will be a master plan in place before the implementation of
projects. Joe Frank, Director of Advance Planning, stated that there is a conceptual drawing and that
there are many unknowns at this point. He stated that the guidelines that have been established for
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July 18, 2000
the River Downtown Redevelopment District will provide sufficient guidelines for redevelopment
in the area.
Councilmember Byrne noted concerns regarding the public/private split for funding and asked if
policy making and oversight of the program will be formal or informal. Wilder stated that many
details still need to be worked out regarding the river team and that there will need to be sufficient
flexibility in mechanisms to accomplish the implementation.
Councilmember Byrne asked when a decision could be made regarding establishing a policy and
oversight committee to provide ongoing involvement from across section of the community. Wilder
stated that staff will review this possibility and report back to Council.
Councilmember Bertschy asked about past requested funding for a historic survey. Frankstatcdthat
there is an ongoing project for a survey and inventory of historic structures and that State and City
money would probably requested for this historic survey.
Councilmember Bertschy stated that this area is important and that there should be a historic survey
project for the area. Frank stated that is the intent.
Councilmember Bertschy asked if some of the City's adopted standards and Land Use Code
provisions will help in looking at the site to ensure adequate protection of existing historic resources.
Frank spoke regarding adopted standards regarding landmark designation and demolition and that
the Land Use Code provides latitude in reviewing the impact of redevelopment on adjacent
structures. He noted that the Landmark Preservation Commission's perspective is sought regarding
impacts on historic structures.
Councilmember Bertschy asked if any of the requirements regarding river corridor and natural areas
setbacks are being softened in this area. Wilder stated that the Land Use Code standards will be
followed in this area and that no changes are proposed for these buffer areas.
Councilmember Bertschy asked if development will fund infrastructure improvements. Wilder
stated that development will pay for improvements such as streets.
Councilmember Bertschy asked if there is any plan to fund such improvements ahead of
development. Wilder stated that the only plan proposed is to improve the rail crossing at Linden
Street and Lemay Avenue using state or federal funds.
Councilmember Kastein asked about if the proposed funding options could be characterized as
competing for primary or secondary services funding dollars. Greg Byrne, CPES Director, stated
that there are elements of both types of dollars and noted that some of the funding options reflects
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July 18, 2000
coordination of projects that are already planned and that the intent is to leverage private
contributions.
Councilmember Kastein asked about future approvals of implementation projects. Wilder stated that
specific projects will be reviewed individually.
Councilmember Kastein asked about long term impacts on the natural state of the river. Tom
Shoemaker, Natural Resources Director, spoke regarding the current condition ofthe river in the area
and work that needs to be done regarding restoration, enhancements, water flow and finding the right
balance in protection and use.
Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 2000-95.
Councilmember Byrne commented that this effort relates to city building and planning for the future
and commended staff for its work on the project.
Councilmember Bertschy thanked staff for its efforts and expressed confidence that the natural
features of the river area will be protected.
Councilmember Weitkunat commended staffs work in bringing together conflicting parties in a
cooperative effort.
CouncilmemberKastein congratulated staff on the outreach that has been done and stated that he will
be supporting the Resolution.
Councilmember Wanner thanked staff for its long term work on the plan and noted that this is only
the beginning of a lengthy process to balance potentially conflicting uses.
Mayor Martinez stated that this is an excellent report and commended staff for its work on this
example of growth of a community. He commented that there will be a continuing need to involve
representatives of historic interests.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED .
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July 18, 2000
Items Relating to the Licensing and Regulation of
Pawnbrokers and Secondhand Dealers Adopted on First Reading
The following is staffs memorandum on this item.
"Executive Summary
A. First Reading of Ordinance No. 91, 2000, Amending Chapter 15, Article VIII of the City
Code Relating to Pawnbrokers.
B. First Reading of OrdinanceNo.92,2000,AmendingChapter15,Articlem,,oftheCityCode
Relating to Secondhand Dealers
The first major codification of the current ordinances regulating the pawn and secondhand dealer
industries was completed in 1972, with some minor changes made in 1986 A City staff team
(Police, Finance and City Attorney) began working on changes to the ordinances in June of 1997
in order to address some issues that have arisen in the past 13 years regarding implementation and
enforcement of the ordinances.
The costs associated with monitoring, enforcing and regulating the industry, as required by the
ordinances and state law, have increased dramatically over the last 13 years. The different types
ofsecondhand property involved in transactions have also changed dramatically.
The proposed amendments to these ordinances have been made in order to increase consistency in
reporting and monitoringprocedures and provide those regulated with a clear understanding what
is required of them.
Throughout the process, staff asked for and received much input from both pawnbrokers and
secondhand dealers. Staff held several meetings inviting all pawnbrokers licensed within the City
and two meetings to which all secondhand dealers currently licensed, and also those who would be
required to be licensed if the amendments were to be adopted, were invited. Staff also contacted
communities along the front range, which have ordinances regulating these two industries to
determine the current costs and practices in those communities. Changes are being recommended
considering input from all these sources. On November 16, 1999, staff brought proposed
amendments to these Code provisions to Council. Primarily, those first amendments:
♦ imposed a per item transaction fee for pawn transactions;
♦ raised the license fee from $55 to $1, 000;
♦ required background checks and permits for all pawn employees and managers;
♦ required fingerprints from persons pawning items; and
♦ prohibited any employee under 18 from engaging in pawn transactions.
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July 18, 2000
Council postponed the item indefinitely so that staff could address the concerns expressed at the
meeting. As a result of issues raised during discussion at the November 16 meeting, staff revisited
the provisions with the pawnbrokers and the Health and Safety Committee and further researched
legal issues raised by Council.
As compared to the last version presented to Council, the current proposed amendments:
♦ no longer include a per item transaction fee for pawn transactions;
♦ raise the license fee from $55 to $300;
♦ require a background check of managers only;
♦ require a single f ngerprint from all persons pawning items; and
♦ provide the following alternative options for Council to consider regarding minor
employees engaging in pawn transactions:
Option A: No employee under eighteen (18) years ofage shall make loans, purchase
any goods or property on behalf of the business, or execute any document required
to be prepared pursuant to this Article, unless such employee is under the direct
supervision of a manager who is physically present on the licensed premises.
Option B: No licensee shall allow an employee under eighteen (18) years of age
to make loans, purchase any goods or property, or execute any document required
to be prepared pursuant to this Article.
With regard to the secondhand dealer ordinance, the proposed changes include increasing the
licensing fee from $55 to $100, establishing a hold order procedure, requiring a declaration of
ownership from the seller of secondhand property, and inspection of the premises. "
Deryle O'Dell, Police Division Commander, presented background information regarding the
proposed ordinances. He stated that the fingerprinting issue remains as the main area of contention.
He outlined the reasons for making changes to the pawnbrokers and secondhand dealers ordinances.
Clifford Riedel, Chief Deputy District Attorney, spoke regarding the need for the fingerprinting
requirement to facilitate identification and prosecution of those who sell stolen property to
pawnshops and to increase restitution to those who have been victimized as well as cut down on
losses to pawnshops. He stated that fingerprinting would deter those who wish to sell stolen
property.
Commander O'Dell outlined the proposed Code changes and the purposes of each change and noted
that there are two options relating to minors as employees in pawnshops.
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July 18, 2000
Josh Lanham, 730 East County Road 66E, expressed concerns regarding the fingerprinting
requirements and questioned how fingerprinting will facilitate prosecutions.
Ernie Reavis, Courtesy Pawnshop manager, spoke in opposition to the fingerprinting requirement
and asked about the provisions for inspection of premises.
Susie Moser, Mister Money Financial Services, stated that there are three remaining issues: the
question as to whether anyone under age 18 can be employed as a pawnbroker, the differences
between the secondhand dealer and pawnshop ordinances, and fingerprinting. She spoke in favor
of Option A regarding the age requirement.
Mike McCormick, owner of Courtesy Pawnshop and Cache la Poudre Rifleworks, objected to the
large increase in the pawnbroker license fee, the fingerprinting requirement and background checks
for owners and managers of pawnshops.
Ken Wolfe, attorney representing Mister Money U.S.A., stated that there are two remaining issues:
discrimination between the pawnbrokers and secondhand dealers regulations and fingerprinting. He
stated that flea markets are now the main problem for fencing of stolen property. He cited Opinion
85-13 of the Attorney General relating to invasion of privacy at sobriety checkpoints and the need
to review this opinion and draft procedures and policies if the fingerprinting requirements are
imposed.
Stacy Lanham, manager of Mister Money North, asked for adoption of Option A relating to the age
requirement and objected to the fingerprinting requirement for repeat customers.
Jessica Lanham, employee of Mister Money U.S.A., asked that Option A be adopted.
Wendy Lanham, 730 East County Road 66E, spoke regarding the negative impacts of the pawnshop
ordinance and the inconvenience of the fingerprinting requirement to honest customers.
Ben Zander, Mister Money employee, objected to provisions that would discriminate against minor
employees in pawnshops, require background checks for managers and impose fingerprinting.
Tim Lanham, 730 East County Road 66E, expressed concern regarding the implications that
pawnshop customers are criminals and stated that it has not been proved that fingerprinting improves
enforcement. He stated that statistics show that only between 0.1 to 0.2 of one percent of pawned
merchandise is stolen. He suggested that if fingerprinting is imposed for pawnshops, it should also
be imposed for secondhand dealers. He asked that Option A regarding the age of pawnshop
employees be adopted.
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July 18, 2000
Dawn Raider, manager of Mister Money South, objected to fingerprinting of pawnshop customers
and asked that Council adopt Option A of the ordinance.
Mayor Martinez asked about the differences between the pawnbroker and secondhand dealers
ordinances. City Attorney Roy spoke regarding differences in the ordinances and stated that the main
difference is the absence of the fingerprinting requirement in the secondhand dealers ordinance.
Mayor Martinez asked about the value of fingerprinting. O'Dell spoke regarding the processes for
identification.
Mayor Martinez asked about the use ofphotographic lineups for identification. ChiefDeputy District
Attorney Riedel spoke regarding the difficulty of using photographic lineups because of the number
of transactions handled and that fingerprints provide a more viable means of identification.
Councilmember Weitkunat asked about access to fingerprints from drivers' license records and the
ability to find fingerprints on pawned property. Chief Deputy District Attorney Riedel stated that
the chance of taking fingerprints from property is slim.
Councilmember Weitkunat asked about the difference between secondhand dealers and
pawnbrokers. O'Dell explained that the main difference between the two is that pawnbrokers are
making loans on the property.
Councilmember Weitkunat asked about the incidence of stolen items taken by secondhand dealers.
Chief Deputy District Attorney Riedel stated that it is rare to have prosecutions relating to stolen
property received by secondhand dealers and that 96 cases of pawned stolen property were
prosecuted last year and that this constituted approximately 6% of the total felony filings in Larimer
County.
Councilmember Weitkunat asked about the need to investigate the backgrounds ofmanagers. O'Dell
spoke regarding the importance of these background checks.
Councilmember Weitkunat asked about the rationale for age requirements. O'Dell spoke regarding
the provisions of Option A that would allow pawnshop workers to be under 18 provided a manager
is on -site.
Councilmember Kastein asked why there might be more illegal activity through pawnshops than
secondhand dealers. Chief Deputy District Attorney Riedel stated that secondhand dealers often
limit the items they will purchase to items they want in their inventory.
Mayor Martinez asked if most secondhand dealers are specialized. Linda Samuelson, Revenue and
Licensing Agent, stated that there are about 24 secondhand dealers and that most are specialized.
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July 18, 2000
Councilmember Weitkunat stated that she has concerns regarding the fingerprinting provisions and
suggested consideration of an option to require fingerprinting for pawn transactions only if no other
positive form of identification is available.
Councilmember Byrne made a motion, seconded by Councilmember Kastein, to adopt Ordinance
No. 91, 2000 Option A on First Reading.
Councilmember Byrne spoke regarding the work on these ordinances and noted changes that have
addressed many concerns. He thanked Chief Deputy District Attorney Riedel for being at this
meeting. He stated that the overall public benefit offsets the inconvenience that will be created by
the requirements.
Councilmember Weitkunat made a motion to amend Section 15-266 of Ordinance No. 91, 2000 to
require fingerprints of pawnshop customers lacking positive identification.
THE MOTION DIED FOR LACK OF A SECOND
Councilmember Kastein spoke regarding the goal of the Ordinance to enhance prosecution of
dishonest people.
Councilmember Weitkunat expressed concerns about fingerprinting and humiliating honest people
who simply need to pawn possessions to obtain money and stated that the statistics do not show a
need for the fingerprinting.
Councilmember Wanner noted that State law already requires proof of identification and that
fingerprinting makes identification more certain.
Mayor Martinez stated that he supports the Ordinance and that this is a preventive tool to deter
criminals.
The vote on the motion to adopt Ordinance No. 91, 2000 on First Reading was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez and Wanner. Nays: Councilmember Weitkunat.
THE MOTION CARRIED
City Attorney Roy stated that minor changes will need to be made on Second Reading to the
secondhand dealers ordinance to make it consistent with the pawnbrokers ordinance.
Councilmember Kastein made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 92, 2000 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byrne, Kastein, Martinez, Wanner and Weitkunat. Nays: None.
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July 18, 2000
THE MOTION CARRIED
Ordinance No. 77, 2000
Appropriating Proceeds from the Issuance of City of Fort Collins,
Colorado, Wastewater Utility Enterprise, Sewer Revenue Bonds,
Series 2000, Dated July 1, 2000, in the Aggregate Principal Amount of
$5,665,000, in the Wastewater Utility Fund Adopted on Second Reading
The following is staff s memorandum on this item.
"Executive Summary
Ordinance No. 77, 2000, which was unanimously adopted on First Reading on June 20, 2000,
appropriates proceeds in the Wastewater Utility Fund for the acquisition and construction of
sanitary sewer system improvements and the cost of issuing the bonds.
This Ordinance has been revised to more specifically state the amount being appropriated. "
Kelly Ohlson, 2040 Bennington Circle, stated that this type of agenda item needs a detailed
itemization of how much of a project is benefitting expansion because of new growth versus how
much is benefitting existing residents. He suggested that projects such as expansion of the Meadow
Springs facilities are related to new growth and should not be totally paid for by existing ratepayers.
Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt
Ordinance No. 77, 2000 on Second Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
Ordinance No. 82, 2000
Amending Ordinance No. 118,1999,
Which Provided for the Issuance of $8,890,000 of
Private Activity Bonds for the Dry Creek Apartments Project
and Authorizing the Execution of Certain Related
Documents and Instruments Option 1 Adopted on First Reading
The following is staffs memorandum on this item.
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July 18, 2000
"Executive Summary
Representatives from Concorde Capital Corporation contacted the City ofFort Collins in December
1998 requesting that the City consider issuing private activity bonds for the purpose offznancing
an affordable housingproject. Council approved the issuance of$8,980, 000 ofbonds for the project
on August 3, 1999, by adopting Ordinance No. 118, 1999. Ordinance No. 118, 1999 provided for
temporaryfinancing that would be converted to permanentfinancing within one year. Although the
project has progressed, the permanent financing is not yet completed. The Corporation has
negotiated with the bond holders for an extension oftime to complete the permanent financing. This
Ordinance will authorize the amendment of the appropriate documents to provide the additional
time needed to complete the permanent financing.
The project will consist ofup to 150 dwelling units. Twenty-seven ofthe units will be for individuals
or households making no greater that 60% of area median income. Forty percent of the units will
be for households under the 50% of median income level. The remaining units of the project, 33010,
will be rented at market rates. The project uses the City's 1999 private activity bond allocation of
$2, 684, 075 and an additional allocation of $6.3 million from the State of Colorado. The project is
located on an irregularly shaped parcel in northern Fort Collins. Adjusting the project to the shape
of the parcel has been part of delay in the completion of the financing. The Planning Department
reports that the project has developed a land use plan that is expected to be presented for review in
the next few weeks. The agenda item summary from August 1999 is attached for additional
background.
Two options of Ordinance No. 82, 2000, are being presented for Council consideration. Option I
is a regular ordinance that would require two readings and would not go into effect until August 25,
2000. Option 2 of Ordinance No. 82, 2000 is being presented as an emergency ordinance to better
ensure that the tax-exempt status of the bonds is preserved and that the development will be
completed.
Staff is not concerned that this situation presents such a threat to the welfare of the community that
an emergency ordinance is warranted. Therefore, staff is recommending adoption of Option 1.
However, Council has broad discretion in determining whether an emergency exists, and may
believe the passage of the emergency ordinance (Option 2) is the more appropriate approach. "
Alan Krcmarik, Finance Director, presented background information regarding the agenda item. He
stated that Option 2 would find that an emergency exists and that the ordinance should be adopted
as an emergency ordinance.
City Manager Fischbach stated that it would be his recommendation that the ordinance not be
adopted as an emergency ordinance.
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July 18, 2000
Phil Brown, Concorde Capital Corporation, spoke in favor of adoption of the ordinance as an
emergency ordinance. He stated that approximately 40% of the project would be provided to low-
income households.
Andy Cain, Kirkpatrick Pettis, spoke regarding project financing and the need to adopt the ordinance
now because of the cancellation of the August 1 Council meeting. He stated that the project will be
in jeopardy if the ordinance is not adopted by August 1.
Kelly Ohlson, 2040 Bennington Circle, stated that the emergency ordinance provisions are used
sparingly and that this should not be adopted as an emergency because the situation is not the fault
of the City.
Councilmember Kastein asked for clarification that ordinances take effect 10 days after Second
Reading, noting that adoption of the ordinance on August I would have meant an August 10
effective date for the ordinance. He asked about the risk of adopting the ordinance as an emergency.
City Manager Fischbach stated that the purpose of two readings of an ordinance is to put people on
notice regarding the ordinance.
Mr. Brown stated that this ordinance would simply amend the original indenture under which the
bonds were issued and is a technicality, and that the original ordinance had two readings.
Mayor Martinez asked if the Charter defines an emergency. City Attorney Roy stated that the
Charter does not define emergencies and that cited case law regarding emergency legislation. He
stated that Council could declare an emergency if it is Council's judgment that the loss of affordable
housing would present some serious injury or damage to the community. He stated that it is not
typical of the types of situations that have qualified for the passage of an emergency ordinance in
Fort Collins.
Councilmember Byrne made a motion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 82, 2000 Option 1 on First Reading.
Councilmember Byrne spoke regarding the role of the Council in setting policy.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
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July 18, 2000
Items Relating to Calling a Special Election
for November 7, 2000, and Placing Proposed
Charter Amendments on Said Ballot Adonted on First Reading
The following is staffs memorandum on this item.
"Executive Summary
A. First Reading of Ordinance No. 87, 2000, Calling a Special Municipal Election to Be Held
in Conjunction with the November 7, 2000 Larimer County General Election.
B. First Reading of Ordinance No. 88, 2000, Submitting to a Vote of the Registered Electors
of the City of Fort Collins Proposed Amendments to Articles IX and X of the City Charter,
Pertaining to Petition Circulators.
C. First Reading of Ordinance No. 89, 2000, Submitting to a Vote of the Registered Electors
of the City of Fort Collins a Proposed Amendment to Article IV of the City Charter,
Pertaining to Residency Requirements.
Ordinance No. 87, 2000, calls a Special Municipal Election to be held in conjunction with the
November 7, 2000 Larimer County General Election. The remaining Ordinances place individual
Charter amendments on the November 7, 2000 Special Election ballot. The proposed Charter
amendments were considered by the Council Governance Committee, and discussed by the Council
at its June 27 study session.
BACKGROUND:
A. Ordinance No. 87, 2000 Calling a Special Municipal Election to Be Held in Conjunction
with the November 7, 2000 Lorimer County General Election.
This Ordinance calls the election, adopts the provisions of the Uniform Election Code of
1992 in lieu of the Municipal Election Code of 1965, directs the City Clerk to certify ballot
content to Larimer County no later than September 12, and authorizes the City Manager to
enter into an intergovernmental agreement with Larimer County for the conduct of the
election."
B. Ordinance No. 88, 2000, Submitting to a Vote of the Registered Electors of the City offort
Collins Proposed Amendments to Articles IX and X of the City Charter, Pertaining to
Petition Circulators.
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July 18, 2000
The United States Supreme Court recently held that it is impermissible to require that
petition circulators be registered electors. This amendment, which was rejected by the
voters in November 1999, removes from the Charter the requirement thatpetition circulators
be registered electors ofthe City, in conformance with the Supreme Court's decision. It also
adds a requirement that petition circulators be at least 18 years of age.
C. Ordinance No. 89, 2000, Submitting to a Vote of the Registered Electors of the City of Fort
Collins a Proposed Amendment to Article IV of the City Charter, Pertaining to Residency
Requirements.
The City Charter presently requires that the directors of City departments, division heads
appointed after March 5, 1985, all deputy city managers and assistant city managers reside
within the Fort Collins Urban Growth Area during their tenure in office, though they need
not reside within the UGA prior to their appointment. (The City Manager is required to live
within the city limits under a separate Charter provision) The City Manager is
recommending that this residency requirement be modified so that only deputy and assistant
city managers and service area directors would have to live in the Urban Growth Area. The
reason for the recommended change in residency requirement is that a number of the
service area directors believe that residency requirements at lower levels of management
unnecessarily restrict the pool ofpersons, including existing employees, who are eligible and
willing to serve as department and division heads. "
Kelly Ohlson, 2040 Bennington Circle, spoke in favor of amendments to provisions relating to
campaign reporting and noted that the State requirements are not adequate.
Councilmember Wanner asked about the Study Session discussion relating to campaign reporting
requirements. City Attorney Roy spoke regarding the State requirements for campaign reporting and
that any amendments in this area could be addressed by Code rather than Charter amendments.
Councilmember Byrne asked about the scheduling of Code amendments that have been discussed.
Chief Deputy City Clerk Rita Harris stated that these are tentatively scheduled for August 15.
Councilmember Wanner stated that additional work may be needed on campaign reporting
requirements. City Attorney Roy stated that staff will prepare information regarding these issues.
Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 87, 2000 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
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July 18, 2000
Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 88, 2000 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 89, 2000 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
Other Business
Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to cancel the
August 1, 2000 meeting because of National Night Out.
Councilmember Bertschy spoke regarding the importance of Councilmembers being able to
participate in National Night Out events.
Mayor Martinez requested a list of all locations for National Night Out events.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
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July 18, 2000
Adjournment
Councilmember Wanner made a motion, seconded by Councilmember Kastein, to adjourn the
meeting to 6:00 p.m. on July 25, 2000. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
The meeting adjourned at 10:35 p.m.
ATTEST:
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