HomeMy WebLinkAboutMINUTES-05/18/2004-RegularMay 18, 2004
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, May 18, 2004,
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, Hamrick, Kastein, Martinez, Roy and Weitkunat.
Councilmembers Absent: Tharp.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Kelly Ohlson, 2040 Bennington Circle, stated he served on the citizen committee that recommended
that John Fischbach be hired as the City Manager about nine years ago. He spoke regarding Mr.
Fischbach's work ethic and the level of detail of his work products. He stated he hoped that the
person selected as the next City Manager would have a similar work ethic. He stated Mr. Fischbach
always made himself available and accessible to citizens. He thanked Mr. Fischbach for his service
as City Manager.
Jim Tanner, 215 Park Street, expressed concerns about the landmark preservation program and stated
there was a contradiction in the City's historic preservation ordinance. He stated Chapter 14 of the
City Code contained procedures for the official designation of properties as local landmarks by the
City Council. He stated Chapter 14 also provided for delaying any development action when a
process was simply eligible for designation. He stated any permit pulled for a property over 50 years
old was screened by the preservation office and that if the staff believed that the property was
eligible for designation the Landmark Preservation Commission would often get involved. He stated
the "demolition delay ordinance" discouraged insensitive alterations or demolitions and encouraged
voluntary landmark designations. He stated if the property owner refused such designation that the
request for demolition or alteration must be allowed or nonconsentual designation as a local
landmark must be made. He stated Chapter 14 provided that a request for demolition of alteration
of a nondesignated property could be denied by ordinance passed by the City Council. He stated the
contradiction was that Section 3.4.7 ofthe Land Use Code also outlined procedures for the protection
of historic properties. He stated the Land Use Code bypassed the provisions of Chapter 14 of the
City Code and provided that any historic property that was eligible for designation must be preserved
without any hearings or demolition delays. He stated the Land Use Code provision indicated that
if the preservation staff or the Landmark Preservation Commission decided that the property was
eligible that a developer would have no choice but to treat the property as if it was already designated
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as a local landmark. He stated "developer" was defined so broadly that any property owner
proposing to do anything with the property would fall into the category. He stated any development
plan (including a plan to demolish) "shall provide for the preservation and adaptive use of the
historic resource." He stated this meant that demolition was categorically denied as an option by the
Land Use Code while it was specifically allowed by the City Code. He stated the preservation staff
was aware ofthis contradiction and exploited it to avoid making recommendations fornonconsentual
designation to the City Council. He stated the Land Use Code should be corrected so that eligible
properties were not placed in the same category as properties designated as landmarks by the City
Council.
Chris Campbell, Fort Collins Board of Realtors, read a statement regarding the Rule property as
follows: "The Fort Collins Board of Realtors is committed to the protection and preservation of
property rights as set forth in the United State Constitution and believes that the protection of the
environment and the preservation of traditions is possible without destroying property rights or
undermining free market principles. We believe that the limitations imposed by the landmark
preservation regulations on the development of the property owned by Dick and Diane Rule to be
contrary to the protection and preservation of property rights, and therefore oppose these limitations.
It has been stated this property has lost virtually all integrity of its agricultural setting. Allowing the
relocation ofbuildings on otherproperty would potentially enhance the setting of the buildings while
allowing the Rules the opportunity for full enjoyment of their legal property rights."
Kellan Duncan, line crew chief for the Electric Utility, stated in his 20 years of working for the City
that he had never seen employees' overall morale so low and that employees felt devalued as a
workforce. He stated he had been assured by the City Manager that this was not case but that he did
not agree. He stated the problem began when all decision -making power and authority was taken
from the department level and moved to City Hall. He stated personnel policies that had been
developed over the years to fit individual departments and customer needs were amended or changed
outright with little or no opportunity for departmental input. He stated the next problem was the
JAQ (or JES) and the first wage freeze that stayed in place until the study was complete. He stated
there was further realignment that resulted in some positions receiving pay cuts. He stated the
"faltering economy" had provided an opportunity for a second wage freeze for years. He stated the
City had traditionally tried to pay wages at the 701' percentile in the labor market and that this had
now slid to around the 60`h percentile or even lower for some departments. He stated the employees
were making less and had now been told that the Council was mandating a new pay system (pay for
performance). He stated there would be no labor market adjustments and that wage increases would
be given as cost -of -living -adjustments (COLA) or COLA plus merit when the financial crisis had
leveled off. He stated this seemed to be a concerted effort by City Hall to keep labor expenses at
the current devalued rate. He stated the elimination of labor market adjustments meant that there
was no way to get pay levels back to the 70" percentile, effectively devaluing the workforce. He
stated the issues were not all about money but were also about core values, safety, and consequences.
He stated low morale contributed to less than positive attitudes, general discord, stress, lower
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May 18, 2004
productivity and an increase in accidents and illness. He stated the importance of on-the-job safety
should not be taken lightly. He stated productivity had remained surprisingly high under the
circumstances due to the work ethic of City employees. He asked that the current management trend
be reconsidered and that wages be returned to the appropriate level. He asked that employee input
be solicited on policy decisions that affected the employees, their performance and the customers.
He stated happy, conscientious and productive workers related to satisfied customers.
Leroy Forehand, Police Services employee, stated pay -for -performance bad been tried a number of
times during his 23+ years with the City and that system did not work. He stated the citizens would
see pay -for -performance as a quota system i.e. citizens would think they were getting arrested or
ticketed so that the employee would get paid more. He stated the rationale that had been given was
a budget crisis but that the 2003 annual report showed that the City had money $100,000 for
maintenance each year for a new $10 million Fossil Creek Park. He stated $7.7 million was spent
for open space in northern Colorado and Wyoming. He stated a new fire station was completed but
that revenue shortfalls delayed the station becoming operational. He stated the City employees had
not had a pay increase since January 2002. He stated employees were told by the City Manager that
as soon as tax collections turned around that it was his highest priority to get pay increases to the
employees and that it was the intention of the City Council to keep pay at the 70" percentile. He
stated it now appeared that the pay -for -performance system was to be used instead. He stated while
salaries had been frozen employee health care costs and deductibles had increased, giving the
employees a "pay cut." He stated tax collections had been rising and that he believed that the City
had a "priority crisis" instead of a budget crisis. He asked the Council to pass the collective
bargaining ordinance so that everyone could sit down on work on these problems.
Citizen Participation Follow-up
Councilmember Bertschy stated the Rules were going through the process and had until a week from
Wednesday to appeal the decision to the Council. He stated the issue of the contradiction between
the City Code and the Land Use Code was working its way onto the Council agenda.
Councilmember Weitkunat thanked the two City employees who spoke to the Council. She stated
it was important for the Council to hear from the employees and that the message heard was that the
Council was dealing with real people and real jobs in making decisions and setting policies.
Councilmember Kastein also thanked the employees who spoke. He stated pay -for -performance was
in his view not mandated by the Council and that the Council had requested feedback on that system.
He stated the City employees were providing their feedback. He stated the Council was trying to
come up with a fair way to pay City employees with the available money. He stated that the 70"
percentile had not been scrapped.
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Councilmember Roy spoke regarding the work being done with regard to employee compensation
and benefits.
Mayor Martinez stated pay for performance had not been mandated by the Council and that the
direction was to research it as an option.
Agenda Review
City Manager Fischbach stated the agenda would stand as printed. He also took this opportunity to
announce his resignation as City Manager and his acceptance of a position as County Manager for
Jefferson County, Washington effective in mid -June.
CONSENT CALENDAR
Consideration and approval of the Council meeting minutes of March 16, 2004.
8. Second Reading of Ordinance No. 077, 2004, Appropriating Unanticipated Grant Revenue
in the General Fund for the Operation of the Fort Collins Welcome Center.
The Colorado Tourism Office awarded the City a grant in the amount of $4,075, for
volunteer training for the Fort Collins Welcome Center for the year July 1, 2003 to June 30,
2004. The City has contracted with The Fort Collins Convention and Visitors Bureau to
operate this program. Ordinance No. 077, 2004, was unanimously adopted on First Reading
on May 4, 2004.
9. First Reading of Ordinance No. 080.2004, Appropriating Prior Year Reserves inthe General
Fund for Cultural Development and Programming Activities and for Tourism Capital
This Ordinance accomplishes two tasks. First, lodging tax revenues that were in excess of
2003 budgeted lodging tax receipts are appropriated to the Convention and Visitors Bureau
("CVB"), Cultural Development and Programming ("CDP"), Visitor Events, and Tourism
Capital fund accounts. In addition, it appropriates unexpended funds for CDP and Visitor
Events for 2003.
10. First Reading of Ordinance No. 081 2004 Appropriating Unanticipated Revenue in the
General Fund to be Returned to the Fort Collins Housing Authority to Fund Affordable
Housing Related Activities.
The Fort Collins Housing Authority ("Authority") made a payment to the City from its 2004
budget for the sum of $10,682 as a "Payment in Lieu of Taxes" ("PILOT") for public
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services and facilities. The Authority annually requests that the City refund the money to
fund sorely needed affordable housing related activities and to attend to the low-income
housing needs of Fort Collins residents.
Resolution 1992-093 reinstated the requirement that the Authority make annual PILOT
payments to the City. The City may spend the PILOT revenues as it deems appropriate in
accordance with law, including remitting the funds to the Authority if the Council determines
that such remittal serves a valid public purpose. The Council has remitted the PILOT
payment to the Authority annually since 1992.
11. First Reading of Ordinance No. 082, 2004, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport to Russ Kamtz for the Construction of an
Aircraft Hangar.
The ground lease allows Mr. Kamtz to construct a 60 foot by 64 foot hangar for personal
aircraft storage. The land lease includes additional land around the hangar for use by the
tenant. The ground lease form agreement has been changed from past agreements. A review
of the lease has been conducted by Airport staff, City staff including attorneys and the
Airport master plan consultant. The recommendations from this review have been
incorporated into the new agreement.
12. Resolution 2004-060 Adopting the Recommendations of the Cultural Resources Board
Re ardinn Fort Fund Disbursements.
The guidelines for the Cultural Development and Programming and Tourism Programming
accounts (Fort Fund), adopted and approved through the City Manager's office, 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
$5,000 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 $5,000 in proceeds after
expenses and are fund-raising in nature.
13. Resolution 2004-061 MakingAApnointments to Various Boards and Commissions
A vacancy currently exists on the Commission on Disability due to the resignation of Rose
Russell. Councilmembers Tharp and Weitkunat interviewed the applicants on file and are
recommending Steve Rierson to fill said vacancy with a term to begin immediately and set
to expire on December 31, 2007.
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May 18, 2004
Two vacancies currently exist on the Commission on the Status of Women due to a lack of
sufficient applicants during the 2003 annual appointment process and the resignation of
Beena Bawa. Applications were solicited and Councilmembers Weitkunat and Tharp
interviewed the applicants. The Council interview team is recommending Amanda Almon
and Paula Cole to fill said vacancies with terms to begin immediately and set to expire on
December 31, 2005 and December 31, 2007 respectively.
14. Routine Easement.
A. Easement for Construction and maintenance of Public Utilities from Norsk
Properties, to underground electrical service, located at 632 South Loomis. Monetary
consideration: $200. Staff: Patti Teraoka.
B. Easement Dedication from Campus West LLC, for West Elizabeth Streetscape
Improvements, located at 1104 West Elizabeth Street. Monetary consideration: $0.
Staff: Helen Matson.
C. Easement Dedication from Collins Campus West, LLC, for West Elizabeth
Streetscape Improvements, located at 1108 and 1220 West Elizabeth Street.
Monetary consideration: $0. Staff: Helen Matson.
D. Easement Dedication from Campus West, LP, for West Elizabeth Streetscape
Improvements, located at 1101 West Elizabeth Street. Monetary consideration: $0.
Staff: Helen Matson.
E. Easement Dedication from St. Paul's Episcopal Church, for West Elizabeth
Streetscape Improvements, located at 1208 West Elizabeth Street. Monetary
consideration: $0. Staff: Helen Matson.
F. Easement Dedication from Thomas P. Welsh, for West Elizabeth Streetscape
Improvements, located at 1336 West Elizabeth Street. Monetary consideration: $0.
Staff: Helen Matson.
G. Easement Dedication from Schrader Oil Company, Inc., for West Elizabeth
Streetscape Improvements, located at 1331 West Elizabeth Street. Monetary
consideration: $0. Staff: Helen Matson.
H. Easement Dedication from Alvin L. Miller Trust for Rex S. Miller, for West
Elizabeth Streetscape Improvements, located at 1325 West Elizabeth Street.
Monetary consideration: $0. Staff: Helen Matson.
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I. Easement Dedication from WENGA, LLC, for
Improvements, located at 1305 West Elizabeth Street.
Staff: Helen Matson.
May 18, 2004
West Elizabeth Streetscape
Monetary consideration: $0.
Easement Dedication from Gleason/Westside Investments, LLC, LLC, for West
Elizabeth Streetscape Improvements, located at 1213, 1221, 1301 and 1401 West
Elizabeth Street. Monetary consideration: $0. Staff: Helen Matson.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
8. Second Readingof Ordinance No. 077, 2004, Appropriating Unanticipated Grant Revenue
in the General Fund for the Operation of the Fort Collins Welcome Center.
21. Items Relating to the Enforcement of the Nuisance Provisions of the City Code.
A. Second Reading of Ordinance No. 071, 2004, Amending Sections 20-21 and 20-22
of the City Code Pertaining to Unreasonable Noise.
B. Second Reading of Ordinance No. 072, 2004, Amending Article VIII of Chapter 20
of the City Code Pertaining to the Abatement of Public Nuisances.
C. Second Reading of Ordinance No. 073, 2004, Amending Section 4-94 of the City
Code Pertaining to the Disturbance of Peace and Quiet.
D. Second Reading of Ordinance No. 074, 2004, Amending Article III of Chapter 20 of
the City Code Pertaining to Weeds, Brush Piles and Rubbish.
E. Second Reading of Ordinance No. 075, 2004, Amending Article III of Chapter 20 of
the City Code Pertaining to the Outdoor Storage of Materials (Option A or Option
B).
22. Second Reading of Ordinance No 079 2004 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as the
Resource Recovery Farm Rezoning.
Ordinances on First Reading were read by title by City Clerk Krajicek.
9. First Reading of Ordinance No. 080.2004, Appropriating Prior Year Reserves inthe General
Fund for Cultural Development and Programming Activities and for Tourism Capital
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May 18, 2004
10. First Readine of Ordinance No. 081, 2004, Appropriating Unanticipated Revenue in the
General Fund to be Returned to the Fort Collins Housing Authority to Fund Affordable
Housing Related Activities.
11. First Reading of Ordinance No. 082, 2004, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Aimort to Russ Kamtz for the Construction of an
Aircraft Hangar.
18. Items Related to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing Projects/Programs and
Community Development Activities: the City's Fiscal Year 2004-2005 Community
Development Block Grant (CDBG) and HOME Investment Partnership Funds.
D. First Reading of Ordinance No. 084, 2004, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Program Years in the
Community Development Block Grant Fund.
E. First Reading of Ordinance No. 085, 2004, Appropriating Unanticipated Revenue in
the HOME Investment Partnership Fund.
19. Items Relating to the Callingof f a Special Municipal Election to Be Held in Conjunction with
the August 10, 2004 Larimer County Primary Election.
B. First Reading of Ordinance NO. 086, 2004, Relating to Collective Bargaining for
Police Employees.
M•
C. Motion Directing Staff to Prepare a Resolution Submitting Proposed Citizen -Initiated
Ordinance No. 001, 2004, Relating to Collective Bargaining for Police Employees
to a Vote of the Registered City Electors.
AND
First Reading of Ordinance No. 087, 2004, Calling a Special Municipal Election to
be held in Conjunction with the August 10, 2004 Larimer County Primary Election.
May 18, 2004
20. Items Related to the Issuance of City of Fort Collins Downtown Development Authority
Subordinate Tax Increment Revenue Bonds Series 2004A.
A. First Reading of Ordinance No. 088, 2004, Authorizing the Issuance of City of Fort
Collins Downtown Development Authority Subordinate Tax Increment Revenue
Bonds Series 2004A in the Amount of S6,305,000 for the Purpose of Financing
Certain Capital Improvements and Capital Projects.
B. First Reading of Ordinance No. 089, 2004, Appropriating the Proceeds of the
Subordinate Tax Increment Revenue Bonds in the DDA Operating Fund.
***END CONSENT***
Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt and
approve all items on the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Consent Calendar Follow-up
Councilmembers Weitkunat and Bertschy spoke regarding item #12 Resolution 2004-060Adopting
the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements.
Staff Reports
City Manager Fischbach reported on good news items relating to the Youth Activity Center, the
Farm, the Northside Community Center, the Senior Center art gallery and show, and the eighth
consecutive month of increased sales and use tax collections.
Councilmember Reports
Councilmember Kastein reported on the North Front Range Air Quality and Transportation Planning
Council meeting.
Councilmember Hamrick reported on discussions of the Legislative Review Committee.
Mayor Martinez noted local resident Ben Clark's climb of Mount Everest.
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May 18, 2004
Executive Session Authorized
Councilmember Bertschy made a motion, seconded by Councilmember Roy, to adjourn into
Executive Session for the purpose of discussing personnel matters under Section 2-31 of the City
Code. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
("Secretary's Note: The Council adjourned into Executive Session at 6:35 p.m. and reconvened
following the Executive Session at 7:50 p.m.)
Items Related to the Completion of the Spring Cycle
of the Competitive Process for Allocating City
Financial Resources to Affordable Housing Projects/Programs
and Community Development Activities: the City's
Fiscal Year 2004-2005 Community Development Block Grant and
HOME Investment Partnership Program Funds, Adopted.
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
A. Public Hearing and Resolution 2004-062 Approving the FY 2004-2005 Community
Development Block Grant Program for the City of Fort Collins.
B. Public Hearing and Resolution 2004-063 Approving the FY 2004-2005 HOME Investment
Partnerships Program for the City of Fort Collins.
C. Resolution 2004-064 Authorizing the City Manager to Submit to the U.S. Department of
Housing and Urban Development the 2004 Fort Collins Consolidated Action Plan.
D. First Reading of Ordinance No. 084, 2004, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Program Years in the Community
Development Block Grant Fund.
E. First Reading of Ordinance No. 085, 2004, Appropriating Unanticipated Revenue in the
HOME Investment Partnership Fund.
The Community Development Block Grant ("CDBG')Program andHOMElnvestmentPartnership
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Program ("HOME') provide Federal funds from the Department of Housing and Urban
Development ("HUD') to the City of Fort Collins which can be allocated to housing and community
development related programs and projects, thereby reducing the demand on the City's General
Fund Budget to address such needs. The City Council is being asked to consider the adoption of two
resolutions related to funding under the CDBG and HOME Programs.
The first resolution (Resolution 2004-062) establishes which programs and projects will receive
funding with CDBG funds for the FY 2004-2005 Program year, which starts on October 1, 2004.
The CDBG Commission developed a list of recommendations as to which programs and projects
should receive funding. The programs and projects are identified below with the recommended
funding allocations.
The second resolution (Resolution 2004-063) establishes the major funding categories within the
HOME Program for the FY 2004-2005 Program year. Specific projects for the use ofHOMEfunds
will be determined in November as a result of the fall funding cycle of the competitive process for
the allocation of the City's financial resources to affordable housing programs or projects and
community development activities.
The third resolution (Resolution 2004-064) authorizes the City Manager to submit for approval the
2004-2005 Fort Collins Consolidated Annual Action Plan to the Department ofHousing and Urban
Development. This Annual Action Plan which identifies and implements thepriorities set by Council
is required by HUD.
The following are the allocations recommended by the Community Development Block Grant
Commission to the Fort Collins City Council:
PLANNING and ADMINISTRATION
City of Fort Collins CDBG Administration $210,635
City of Fort Collins Retention and Marketability Study $ 50,000
HOUSING
City ofFort Collins Home Buyer Assistance $500, 000
REHABILITATION
Larimer Center for Mental Health $ 81,770
PUBLIC FACILITIES
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Turning Point - College Street
Wingshadow Facility
Catholic Charities Mission
Sunshine Day Care Facility
Crossroads Shelter
PUBLIC SERVICES
Project Self -Sufficiency
Springrield Court Early Learning Center
United Day Care Center
Elderhaus Adult Day Programs
Court Appointed Special Advocates
Respite Care Sliding Fee Program
B.A.S.E. Camp
Northern Colorado AIDS Program
Women's Center of Larimer County
Catholic Charities Northern Homeless Shelter
Sunshine School Day Care
Education, Life and Training Center
Disabled Resource Services
Neighbor to Neighbor
UNALLOCATED
Pending projects due for Fall 2004 approval process
TOTAL
City Manager Fischbach introduced the agenda item.
May 18, 2004
$ 48,725
$ 22,250
$ 50,000
$ 30,000
$ 16,050
$ 10,000
$ 17,500
$ 25,500
$ 7,213
$ 12,344
$ 7,500
$ 19,685
$ 10,000
$ 6,608
$ 25,000
$ 14,000
$ 10,000
$ 10,500
$ 25,000
$349,120
$1,559,400"
Ken Waido, Chief Planner, noted that there were three Resolutions and two Ordinances that
represented the culmination of the spring cycle of the competitive process for allocation of City
resources to affordable housing projects and community development activities. He stated the
competitive process was established by Council several years ago as a method to allocate those
financial resources. He stated the CDBG Commission and the Affordable Housing Board reviewed
32 applications requesting $2.7 million and that the available funds totaled $1.5 million. He stated
the CDBG Commission was recommending that not all of the money be allocated and that
approximately $350,000 be held over to the fall cycle because not all projects were worthy of
funding. He stated the Commission was recommending full funding in the category ofpublic service
and that the Commission was recommending no funding for nine proposals. He stated the Chair and
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May 18, 2004
Vice Chair of the CDBG Commission were available to answer questions. He noted that the Council
had an opportunity at a study session to discuss on a preliminary basis the Commission's
recommendations.
Debbie Brown, Board of Directors of the Women's Center of Larimer County, expressed
appreciation for the funding received by the Women's Center.
Helen Somersall, Regional Director for Catholic Charities Northern, thanked the Council for funding
for services to the homeless and refurbishing the building.
Linda Preston, Executive Director for Base Camp, thanked the Council, CDBG Commission and
staff for the funding received by Base Camp and other nonprofit organizations.
Fred Chapin, Program Director for the Northern Colorado AIDS Project, thanked the Council for
funding support for the program.
Erin Fugler, Neighbor -to -Neighbor Program Coordinator, expressed appreciation for the funding
received by Neighbor -to -Neighbor.
Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat to adopt
Resolution 2004-062.
Mayor Martinez thanked the CDBG Commission for its time consuming work and dedication and
also thanked the volunteers in the community who applied for grants.
Councilmember Bertschy stated the process was very time consuming and comprehensive. He spoke
regarding the purpose of each of the Resolutions and Ordinances being considered by the Council.
He stated available federal funding had decreased even though the needs were increasing in our
growing community. He stated municipalities were lobbying Congress to keep CDBG dollars
flowing directly to local communities rather than through the State. He stated the CDBG program
leveraged money from other agencies.
Councilmember Roy thanked the CDBG Commission for its work and also thanked the organizations
working to help people in times of growing need.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Bertschy made a motion, seconded by Councilmember Hamrick, to adopt
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May 18, 2004
Resolution 2004-063, Resolution 2004-064, Ordinance No. 084, 2004 on First Reading and
Ordinance No. 085, 2004 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Items Relating to a Citizen -Initiated Ordinance Relating
to Collective Bargaining for Police Employees, Adopted.
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
A. Presentation of a Petition Relating to Citizen -Initiated Ordinance No. 1, 2004 (Relating to
Collective Bargaining) Certified by the City Clerk as Sufficientfor Placement on a Special
Election Ballot. (No Action Required)
B. First Reading of Ordinance No. 086, 2004, Relating to Collective Bargaining for Police
Employees.
OR
C. Motion Directing Staff to Prepare a Resolution Submitting Proposed Citizen -Initiated
Ordinance No. 001, 2004, Relating to Collective Bargaining for Police Employees to a Vote
of the Registered City Electors.
First Reading of Ordinance No. 087, 2004, Calling a Special Municipal Election to be held
in Conjunction with the August 10, 2004 Larimer County Primary Election.
The City Clerk's Office received an initiative petition on April 29, 2004, which has been determined
to contain a sufficient number of signatures to place the initiated measure on a special election
ballot. Pursuant to the City Charter, uponpresentation ofan initiativepetition certified as sufficient
by the City Clerk, the Council shall either (1) adopted the proposed ordinance without alteration
within 30 days (Item B); or (2) submit such proposed measure, in the form petitioned for, to the
registered electors of the city (Item Q. If the Council chooses to submit the proposed measure to
the voters, Ordinance No. 087, 2004, calls a Special Municipal Election to be held in conjunction
with the August 10, 2004 Larimer County Primary Election. A Resolution submitting the measure
to the voters will be brought to Council on June 1, in conjunction with the second reading of the
May 18, 2004
Ordinance calling the election.
BACKGROUND
The City Clerk's Office has certified a sufficient number of signatures on an initiative petition
received on April 29, 2004. Under Article X of the City Charter, 3,902 signatures of registered
electors (at least 15% of the total ballots cast in the last regular City election) are required to place
an initiative on a special election ballot. Generally, upon presentation of an initiative petition
certified as to sufficiency by the City Clerk, the Council must either adopt the proposed ordinance
without alteration or submit the proposed measure in the form petitioned for, to the registered
electors of the city.
The City Charter requires that, if a petition requests a special election (which this petition does),
the Council must call a special election to be held on a Tuesday within 120 days of the presentation
of the certified petition to the Council. The special election must be held before September 15, 2004.
Since Larimer County is holding a Primary Election on August 10, staff is recommending that the
special election be called in conjunction with the Primary Election, which is estimated to cost
$40,000less that conducting the special election on a separate date. Ordinance No. , 2004, calls
a special election to be held on August 10, 2004 in conjunction with the Larimer County Primary
Election. It also adopts the provisions ofthe Uniform Election Code of1992 in lieu ofthe Municipal
Election Code of 1965, directs the City Clerk to certify ballot content to Larimer County no later
than June 16, and authorizes the City Manager to enter into an intergovernmental agreement with
Larimer Countyfor the conduct of the election.
If Council chooses to submit the proposed measure to the voters, Council will be presented with a
Resolution at the June 1, 2004 meeting, submitting the citizen -initiated ordinance to a vote of the
registered electors at a special election to be held in conjunction with the August 10, 2004 Larimer
County Primary Election. "
City Manager Fischbach introduced the agenda item. He stated the staff recommendation was
adoption of Ordinance No. 087, 2004 to call a special City election in conjunction with the August
10, 2004 Larimer County Primary Election.
Wanda Krajicek, City Clerk, stated the City Clerk's Office was presented with a petition on April
29, 2004 that had been certified as containing the requisite number of signatures for placement of
the initiated measure on a special election ballot. She stated in accordance with the Charter that,
upon presentation of the certified initiative petition to the City Council (agenda item A, which would
require no Council action), that the City Council had two options: (1) to adopt the proposed
Ordinance as drafted by the petitioners without any alterations (agenda item 13) or (2) to adopt a
motion directing staff to prepare a Resolution submitting the citizen -initiated Ordinance to the
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registered City electors, and adopting First Reading of Ordinance No. 087, 2004 calling a Special
Election to be held in conjunction with the August 10, 2004 Larimer County Primary Election
(agenda item C). She stated if Council made the latter choice that a Resolution would be brought
back on June ] in conjunction with Second Reading of the Ordinance calling the election.
Scott Goff, Fraternal Order of Police, asked that the Council not follow the staff s recommendation
and to adopt the initiated Ordinance on First Reading. He stated the FOP was resolute on this issue.
Mayor Martinez asked if a copy of the petition signed by the people was available. Krajicek stated
the Ordinance that accompanied the petition was included in Council's agenda packet. She stated
this did not include the general statement of purpose.
Mayor Martinez requested a copy of the full petition.
Councilmember Kastein asked for staffs recommendation on this agenda item. City Manager
Fischbach stated he recommended that the Council direct the initiative to the voters.
Councilmember Weitkunat stated she would like a sense of the direction favored by the Council.
Councilmember Hamrick made a motion, seconded by Councilmember Weitkunat, to adopt
Ordinance No. 087, 2004 on First Reading and to direct staff to prepare a Resolution submitting
proposed citizen -initiated Ordinance No. 001, 2004 related to collective bargaining for police
employees to a vote of the registered City electors.
Councilmember Kastein asked Mr. Goff why the FOP was choosing to effect a change to the City
Code rather than the City Charter. He stated there were issues relating to conflicts between the
initiated Ordinance and the Charter. Mr. Goff stated the group was unable to find the language that
would allow a change to the Charter. He stated the legal advice received by his group was that this
was the way the change would have to be done.
Councilmember Hamrick stated he made the motion because this was something that would affect
the citizens of the City and that they should therefore have the opportunity to vote on it.
Councilmember Weitkunat stated she seconded the motion for the same reason.
Mayor Martinez stated he wanted to see the text of the full petition to determine if the citizens were
signing a petition that asked that the matter be placed on the ballot. He stated he believed that there
was an expectation on the part of the voters that the matter would go to the ballot. He stated he
realized that legally the Council could adopt the Ordinance without submitting it to a ballot.
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Councilmember Kastein stated he felt that it was clear that the initiative should be submitted to the
voters. He stated there were 157 sworn police officers in the City and that there were some issues
that the Council realized existed. He stated he hoped that this process would result in a better
understanding of the issues. He stated Council was trying to find out about the problems and how
Council could be part of the solution. He expressed his appreciation for the police force and how
it protected the City. He stated he wanted to make sure that there would be a good relationship
between the Council and the police.
Krajicek presented copies of the face page of the petition setting forth the general statement of
purpose and stated the proposed Ordinance accompanied each section of the petition.
Mayor Martinez asked if the petition signers would usually read the general statement of purpose.
Krajicek stated it was unknown how many people would take the time to read the proposed
ordinance.
Mayor Martinez stated the general statement of purpose read as follows: "This petition calls for a
special election to be held and is being circulated in support of the initiative ordinance." Krajicek
stated there was a requirement that the general statement of purpose indicate whether a special
election or placement on a regular election ballot. She stated more signatures were required for a
special election.
Mayor Martinez stated he believed that petition signers had an expectation that the issue would go
to a vote.
The vote on the motion was as follows: Yeas Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Items Related to the Issuance of City of Fort Collins
Downtown Development Authority Subordinate Tax
Increment Revenue Bonds, Series 2004A. Adopted.
The following is staffs memorandum on this item.
"FINANCIAL IMPACT
At the end of 2003, the Downtown Development Authority Debt Service Fund held $774,011 of
unreserved fund balance. By the end of 2011, the unreserved fund balance is projected to grow to
between $15 million and $20 million. The Downtown Development Authority Board and the staff
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recommend using a portion of the unreserved fund balance and tax increment over the next seven
years to make capital improvements in the downtown area consistent with the mission of the
Downtown Development Authority ("DDA'). Over the ensuing years, the projects receiving the
benefit through the capital improvements will repay the value of the projects through increased tax
increment. Based on interest rates, it may be in the best interest of the DDA to also refund a portion
of existing outstanding subordinate DDA debt with proceeds from the 2004 Bonds. This could
increase the size of the current issue by approximately $650,000.
The DDA debt service fund is projected to have sufficient revenue to meet all required debt service
payments and reserve requirements for 2004 through 2011.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 088, 2004, Authorizing the Issuance of City of Fort Collins
Downtown Development Authority Subordinate Taxlncrement Revenue Bonds Series 2004A
in the Amount of $6,305,000 for the Purpose of Financing Certain Capital Improvements
and Capital Projects.
B. First Reading of Ordinance No. 089, 2004, Appropriating the Proceeds of the Subordinate
Tax Increment Revenue Bonds in the DDA Operating Fund.
The City of Fort Collins created the Downtown Development Authority (DDA)to make desired
improvements in the downtown area. Through tax increment financing, the DDA has made
significant contributions to the redevelopment and improvement of the downtown area. The two
Ordinances provide funding from fixture tax increment in the DDA Debt Service Fund to make
additional improvements in the downtown area. Thefirst Ordinance issues short term bonds for the
projects which will be paid,from the tax increment revenue. The second Ordinance appropriates
the proceeds into the Capital Projects Fund for the various projects.
The total oftheprojects and associated interest costs is $6,305,000. All oftheseprojects have been
reviewed and recommended by the Board of Directors of the DDA.
They include the Cortina Mixed Use Project ($1, 68 7, 000), Pine Street Lofts ($500,000), Mason
Street North ($280, 000), Museum Expansion and Historic Webster House ($1,100, 000), Information
Center ($70,000), Old Town Square Renovation ($1,000,000) and the Mason Street Parking Ramp
($800, 000).
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BACKGROUND
Staff provides a summary for each project below. All the projects listed for funding through this
bond issue have either been approved or are pending approval by the DDA Board ofDirectors. All
approvals by the DDA Board are made contingent upon City Council appropriation of the necessary
funds to fulfill the Authority's commitment to the project. With the exception of those projects that
are purely public in nature, no DDA expenditures are to be made until projects are completed and
have received certificates of occupancy from the City.
1. Cortina Mired Use Project Located on the triangular corner formed by the intersection of
Canyon Avenue and Howes Street, this upscale housing and office project is the first significant
urban residential development to occur in Fort Collins. Plans for the building include 20 loft -style
condominiums and about 23,000 square feet of office/commercial space on the first two floors.
Residences will be provided with underground parking.
The Authority has committed $1.687 million toward acquisition of an easement across the facade
and right-of-way improvements. The Board of Directors made this commitment for the following
reasons:
• Residential development is a cornerstone ofdowntown redevelopment. Until very recently,
downtown Fort Collins has seen very little of this kind of development.
• Downtown residential development is a key priority cited in the Plan of Development.
Downtown Plan Downtown Strategic Plan, and City Plan.
• The project provides a beautiful transition from the more commercial central business
district into the west side residential neighborhood.
• The materials being used in the construction are a significant upgradefrom what is typically
found in multi family, multi -use buildings.
• The cost of residential development in the central business district is significantly higher
than greenfield development and is therefore much more difficult to accomplish.
The Board of Directors believes this and other residential projects being proposed for downtown
can set a precedent demonstrating that urban infill, higher -density housing can be successful in the
central business district.
2. Pine Street Lofts, Pine Street Lofts is to be built on the former Poudre Valley Creamery site at
the corner of Pine and Jefferson Street. It consists of 14 residential loft condominiums with
underground parking. Significant right ofway improvements are being made to the Pine Street side
of the property. Estimated cost of the project is $5 million. The DDA has committed $500, 000
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toward the purchase ofa fagade easement and ROW improvements. In addition to the reasons cited
above for the Cortina project, the Board also felt this project warranted support because:
It redevelops a blighted property.
It sensitively addresses the historic character of the historic district in which it is located.
It will help encourage redevelopment to leapfrog the barrier created by Jefferson Street.
3. Mason Street North. The DDA Board of Directors recently increased its commitment to this
project to $540, 677. The funding authorization included in this bond issue is to cover the increase
of $280,000 over the previously approved funds. The project consists of 20 residential units and
about 17,500 square feet of commercial space. The Board's decision to increase its participation
was based upon the willingness ofthe developers to upgrade the facades on the buildings with more
stone and brick, the significant increase in public spaces resultingfrom utility easements that criss-
cross the project, and because ofthe increase in construction costs since the submittal ofthe original
proposal.
4. Museum Expansion and Historic Webster House. The Downtown Development Authority has
committed itself to the idea of significantly improving the central business district as a cultural
center. The museum, as it exists today, is a critical component to a cultural district. The proposed
expansion very directly and significantly improves the cultural amenities in downtown. The Board
of Directors enthusiastically pledged $1 million toward that expansion and $100,000 toward the
conversion of the Historic Webster House into additional museum facilities.
5. Information Center. The kiosk in the center of Old Town Square has been leased by the DDA
and converted into an information center and public restrooms. The $70, 000 included in this bond
sale is to pay for the remainder ofthe construction costs. The information center will be staffed by
the Convention and Visitor's Bureau and the Downtown Business Association. The restrooms are
intended to address a long-standing deficiency in the Old Town Square project.
6. Old Town Sguare Renovation. Old Town Square was built in 1984. It is 20 years old and in
need of renovation. The DDA is proposing to completely revamp the landscaping program so that
there will be year -around visual interest, repair broken and dangerous concrete banding, repair
ground and overhead lighting, replace all the planter pots, restore and/or replace all the benches
and stone seating surfaces, repaint all signage and lighting standards, replace all trash receptacles
repair or replace the flagstone pavers at information kiosks and drinking fountains, repair or
replace all bollards, completely clean, seal and re -level the cast decorative pavers that cover most
of the plaza.
As a part of this renovation, the DDA intends to establish a comprehensive and on -going
maintenance program to care for the landscaping and infrastructure.
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7. Mason Street Parking Ramer. The developer of the Cortina mixed -use project has proposed
adding a deck to the Mason Street Parking Lot (owned by the DDA). He would do this entirely at
his own expense. However, the proposal has sparked some interest by neighbors in the area to add
a third level and thereby double the available public parking. The funding allocation in this bond
deal is anticipating that possibility. The third deck has been discussed by the DDA Board but no
decision has been made until further input from the City and the neighborhood is obtained.
However, the funding request is included here so that, if the decision is to proceed with a third deck
it can be built simultaneously with the addition of the second deck.
SUMMARY
The DDA Board has met to review each of these projects. For the reasons indicated above, the DDA
Board recommends each project for funding through issuance of subordinate tax exempt revenue
bonds to be repaid with tax increments revenues that will be received in 2004 to 2011. The DDA
Board and its staffrecommend adoption qf the ordinances. City staffalso recommends adoption of
the ordinances. "
City Manager Fischbach introduced the agenda item.
Alan Krcmarik, Finance Director, stated there were two Ordinances presented for Council
consideration. He stated the first Ordinance would authorize the issuance of bonds and that the
second Ordinance would appropriate the proceeds of the bonds. He stated the downtown
redevelopment had been a success and that projections showed that by 2010 approximately $15-20
million of additional tax increment would be generated to be used for projects.
Kim Jordan, Downtown Development Authority Chair, presented an overview of DDA activities.
She stated the vision statement for the Cultural District Project was to foster and celebrate human
creativity through education, participation and entertainment to define downtown Fort Collins as a
center for intellectual, cultural, physical and spiritual rejuvenation and growth. She stated there
opportunities to do some exciting things with DDA tax increment financing. She stated the DDA
was asking for a bond issue in the amount of $6.3 million for a variety of projects. She presented
visual information regarding the proposed projects: Cortina Mixed Use Project, Pine Street Lofts,
Mason Street North, Museum Expansion and Historic Webster House, Information Center, Old
Town Square Renovation, and Mason Street Parking Ramp.
Kelly Ohlson, 2040 Bennington Circle, stated he would like the DDA to consider changing the
material of the pavers during the renovation. He stated better materials would reduce lifelong
maintenance costs. He noted that it was a DDA board recommendation to put $120,000 into
someone else's small building and to lease it for an information center rather than buying the
building. He stated it would have been wiser to buy the building. He stated he was supportive of
the work being done by the DDA.
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Councilmember Roy asked if estimates had been done for new material for pavers versus the cost
of rehabilitation of existing pavers. Chip Steiner, DDA Executive Director, stated staff would put
together an estimate.
Councilmember Roy asked about the cost of leasing the building for the information center. Steiner
stated the lease rate was $12/square foot. He stated the issue of buying the building was never
discussed. He stated the primary issue was supplying public restrooms.
Councilmember Hamrick asked about the cost of buying that building. Steiner stated the cost was
unknown and that the question would be whether Progressive Old Town would be willing to sell the
building at its pre -construction value when many of the improvements had already been made. He
stated staff could look into the option of buying the building.
Councilmember Hamrick stated the DDA minutes referenced the Museum expansion being
contingent upon additional capital improvement money. Steiner stated the DDA pledged $1 million
contingent upon that project being funded from the quarter cent sales tax extension. He stated it
would require both Council and voter approval for the Museum project to proceed. He stated the
DDA's pledge was contingent on that happening.
Councilmember Hamrick noted that it was not certain that the quarter cent sales tax extension would
be placed on the 2005 ballot. Steiner stated that fact was understood.
Councilmember W eitkunat asked if the DDA owned buildings. Steiner stated the DDA owned the
Old Town parking garage and one-third of the parking ramp on Mason Street.
Councilmember Weitkunat asked about the purchase of a facade easement for the Pine Street Lofts
and whether that would be owned by the DDA. Steiner stated the facade easement would be owned
by the DDA and that would be the front of the building. Ms. Jordan stated it was similar to a lien
in the sense that the DDA would have some say in what happened to the facade.
Councilmember Weitkunat asked if that was the case with all buildings within the DDA boundaries.
Steiner stated was the case only for the buildings that involved a financial arrangement with the
DDA. He stated there were several situations in which the DDA owned property in fee simple and
that for 95% of the cases there was a facade easement.
Councilmember Kastein asked about the process for evaluation of projects when there was not going
to be 100% payback in terms of the tax increment. Steiner stated the tax increment for residential
projects was roughly 25% of what it would be if it was a commercial project. He stated it was
difficult to get all of the increment back on a residential project and still have an impact on
encouraging the project to happen. He stated residential projects since 1981 had been one of the
primary foundations of downtown redevelopment. He stated when there were opportunities for
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residential projects that the DDA supported those because they were rare compared with commercial
projects. He stated there was capacity from increment from the district as a whole to cover the
difference. He stated property taxes would continue even after the DDA and tax increment would
go away. Ms. Jordan stated the DDA like to see retail on the first floor and residential on higher
levels.
Councilmember Bertschy made a motion, seconded by Councilmember Roy, to adopt Ordinance No.
088, 2004 on First Reading and Ordinance No. 089, 2004 on First Reading.
Councilmember Bertschy stated this would be excellent for the downtown. He stated the housing
projects would provide a variety of types and cost points of housing. He supported having the DDA
look at the possibility of owning the structure used for an information center and restrooms. He
stated he also like the idea of making pavers as durable as possible. He stated this action would
move the downtown plan forward.
Councilmember Roy thanked the DDA and its staff for being good stewards of this money over the
past years. He stated he had concerns with the plaza being closed at night. He stated this was an
opportunity to move forward with the vision of residential activity mixed with business activity in
the core downtown to help create something besides "party central." He stated the downtown was
an area of focus for in -fill and redevelopment.
Councilmember Weitkunat commented that the community was fortunate to have created a DDA.
She thanked the DDA for its creative vision and thought.
Councilmember Hamrick stated these projects were the kind of projects needed for in -fill in the
downtown and to get more foot traffic for businesses. He stated this would help make the downtown
a more "people oriented environment." He stated he like the DDA vision statement. He stated as
more residential happened downtown that the issue of closing of Old Town Square at night might
need to be revisited.
Councilmember Kastein stated these projects would benefit Old Town a lot and build on the
momentum of the downtown plan. He stated he would not be in favor of revoking the 2:00 a.m.
closing of Old Town Square.
Mayor Martinez stated the DDA had done a great job on this.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
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Items Relating to the Enforcement of
the Nuisance Provisions of the City Code,
Adopted on Second Reading; Ordinance No. 075, 2004 Postponed.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Second Reading of OrdinanceNo.071,2004,AmendingSections20-21and20-22oftheCity
Code Pertaining to Unreasonable Noise.
B. Second Reading of Ordinance No. 072, 2004, Amending Article V111 of Chapter 20 of the
City Code Pertaining to the Abatement of Public Nuisances.
C. Second Reading of Ordinance No. 073, 2004, Amending Section 4-94 of the City Code
Pertaining to the Disturbance of Peace and Quiet.
D. Second Reading of OrdinanceNo.074,2004,AmendingArticle111ofChapter20oftheCity
Code Pertaining to Weeds, Brush Piles and Rubbish.
E. Second Reading of OrdinanceNo.075,2004,AmendingArticle111ofChapter20oftheCity
Code Pertaining to the Outdoor Storage of Materials (Option A or Option B).
These Ordinances were presented for Council's consideration as a result of the ongoing efforts of
the Neighborhood Quality of Life Task Force. This task force has been formed to address quality
oflife issues in the City's residential neighborhoods. Ordinance No. 072, 2004, Ordinance No. 073,
2004 and Ordinance No. 075, 2004, were adopted 6-1 (Councilmember Kastein opposed), on First
Reading on May 4, 2004. Ordinance No. 071, 2004 and Ordinance No. 074, 2004 were
unanimously adopted on First Reading on May 4, 2004.
After First Reading, the CityAttorney's Office was directed to draft an alternative to Ordinance No.
075, 2004 exempting materials stored under covered carports. Two options are presented for
Council to consider on Second Reading: Option A - the Ordinance as adopted on First Reading, or
Option B - exempting materials stored outdoors, but under covered carports.
Staff recommends that carports not be made an exception to the outdoor storage requirements. It
becomes problematic from an enforcement standpoint as people will then use their carport to store
material that is even more objectionable than we now see, such as automotive parts, trash, garbage,
yard waste, etc. "
May 18, 2004
City Manager Fischbach stated this was on the discussion agenda because three of the Ordinances
were approved on First Reading with a 6-1 vote.
Darin Atteberry, Assistant City Manager, he stated there were staff members available to answer
questions. He stated changes had been made to the Ordinances since First Reading based on Council
direction. He stated Ordinance No. 071, 2004 had been changed to add the word "or" in Section 20-
21 as follows: "Unreasonable noise shall mean any sound of such level or duration as to be, or tend
to be injurious to human health." He stated Ordinance No. 072, 2004 provided that the Code
Abatement Officer could request a separate hearing before the City Manager when there had been
two violations of a similar nature within a six month period. He stated Ordinance No. 073, 2004 had
been changed to provide that a citizen complaint needed to occur before a summons could be issued.
He stated Ordinance No. 074, 2004 had no changes. He stated there were two options for Ordinance
No. 075, 2004: one that would exclude carports and one that would include carports. He stated staff
was recommending that carports not be exempted from the Ordinance.
Councilmember Weitkunat asked about the two options relating to the outdoor storage of material.
She asked for clarification that there was no reference to carports in Option A. Atteberry replied in
the affirmative.
Councilmember Weitkunat stated she thought that the discussion was that carports should be
included in the Ordinance. City Attorney Roy stated the Ordinance as first drafted would include
outdoor storage in carports. He stated if Council wished to postpone consideration of Ordinance No.
075, 2004 that "outdoor storage" could be defined.
Councilmember Weitkunat stated carports could become an issue and the fact that they were not
referenced in the Ordinance could be a problem. She supported specifically including carports. City
Attorney Roy stated if the Ordinance was postponed that a definition could be written to include
carports.
Mayor Martinez asked if the word carports could simply be added into the Ordinance. City Attorney
Roy stated he would prefer to have time to ensure that the correct language was prepared to cover
carports and work in other ways.
Councilmember Kastein asked if all citations currently issued were being logged in the Public
Nuisance Ordinance database. Beth Sowder, Compliance Inspector, stated all noise tickets and
barking dog tickets were logged into the database.
Councilmember Bertschy stated questions had been received from a citizen about party trash on
lawns and that the citizen referred to an ordinance in Ann Arbor, Michigan that specifically
addressed that issue. He stated the citizen's concern was that there was a delay in picking up party
trash even after a complaint was filed. He asked that staff address that concern. Sowder stated
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notice would be given under the rubbish notice and that the trash would have to be cleaned up within
seven days.
Councilmember Bertschy stated the citizen's concern was the seven-day cleanup period. City
Manager Fischbach stated staff would take a look at the issue to determine how the problem could
be solved. City Attorney Roy stated he had reviewed the Ann Arbor ordinance and felt that it would
be unnecessary because the City's littering ordinance would allow someone to be immediately cited
for allowing the trash problem to occur.
Councilmember Bertschy asked how the City could respond to complaints regarding party trash.
City Attorney Roy stated he would recommend that complaints be reported to Police Services so that
a citation could be issued immediately. Jim Zakmeister, Police Services, stated the responding
officers talked with the party hosts and indicated that the trash should be picked up immediately in
accordance with the littering Ordinance.
Councilmember Hamrick noted that he had requested information about xeriscaping versus
ornamental landscaping. City Manager Fischbach stated he would check to make sure that the
information was provided.
Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt
Ordinances No. 071, 2004, No. 072, 2004 and No. 073, 2004 and No. 074, 2004 on Second Reading.
Councilmember Kastein stated he would prefer that the ordinances be considered separately.
Councilmember Weitkunat withdrew the motion.
Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt
Ordinance No. 071, 2004 on Second Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Weitkunat made a motion, seconded by Councilmember Hamrick, to adopt
Ordinance No. 072, 2004 on Second Reading.
Councilmember Kastein stated he would not support this Ordinance and would prefer to keep the
limit at three violations in a year.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Martinez, Roy
and Weitkunat. Nays: Councilmember Kastein.
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THE MOTION CARRIED
Councilmember Weitkunat made a motion, seconded by Councilmember Hamrick, to adopt
Ordinance No. 073, 2004 on Second Reading.
Councilmember Kastein stated he would prefer to have a mandatory first warning issued for barking
dogs. He stated he would not support the Ordinance.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Martinez, Roy
and Weitkunat. Nays: Councilmember Kastein.
THE MOTION CARRIED
Councilmember Bertschy made a motion, seconded by Councilmember Hamrick, to adopt Ordinance
No. 074, 2004 on Second Reading.
Councilmember Bertschy thanked staff for putting together the task force that brought these
ordinances forward for Council consideration.
Mayor Martinez thanked those who worked on these Ordinances.
The vote on the motion was as follows: Yeas Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Bertschy made a motion, seconded by Councilmember Roy, to postpone Second
Reading of Ordinance No. 075, 2004 to June 1, 2004. The vote on the motion to postpone was as
follows: Yeas Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy and Weitkunat. Nays:
None.
THE MOTION CARRIED
Ordinance No. 079, 2004
Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for That Certain
Property Known as the Resource Recovery Farm Rezoning, Adopted on Second Reading_
The following is staff s memorandum on this item.
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"EXECUTIVE SUMMARY
This Ordinance, which was unanimously adopted on First Reading on May 4, 2004, rezones the
property known as the Resource Recovery Farm from the E, Employment District, to the POL,
Public Open Lands District. "
City Manager Fischbach introduced the agenda item and stated this was on the discussion agenda
because of questions asked by Mayor Martinez and Councilmember Kastein.
Ken Waido, Chief Planner, stated this was an implementation action for the I-25 Subarea Plan that
was adopted by Council last August. He stated the zoning map showed the southern part of the
Resource Recovery Farm to be placed in the Public Open Lands zoning classification. He stated a
25-acre piece south and west of the Prospect Road I-25 interchange would remain in the C-
Commercial district. He stated the plan also called for the transfer of ownership from the Utilities
Department to the Natural Resources Department and that a purchase/sale had taken place. He stated
Natural Resources was now the owner of the Public Open Lands portion of the Resource Recovery
Farm. He stated there had been questions from Council regarding whether there had been any
private party interest in purchasing the property, and that the answer to that was no. He stated there
had been requests from CSU to consider moving a research horticultural operation into this area.
He stated there was also a question about how many jobs could locate on the property if the zoning
would be E-Employment. He stated the property was 137 acres (comparable to the Hewlett-Packard
and Anheuser Busch sites) and that H-P had 3,000 to 3,500 jobs. He stated this site could probably
not generate that many jobs given the design criteria, setback requirements and building height
limitations. He estimated that 2,500 to 3,000 jobs maximum would be the potential job generation
if this would remain Employment and occupied by a high tech industry such as H-P. He stated
Anheuser Busch employed only about 750 people. City Manager Fischbach stated there was some
private interest expressed in the 25 acres adjacent to Prospect Road subject to the City resolving the
problem with the overpass at Prospect and I-25.
Mayor Martinez asked for clarification regarding the location of the property. Waido presented
visual information regarding the commercial activity center around the interchange and the area to
be rezoned from Employment to Public Open Lands.
Mayor Martinez asked if the area to be rezoned could be commercial. Waido stated Public Open
Lands would be restricted to agricultural uses.
Councilmember Weitkunat asked why the decision was made to zone this Public Open Lands i.e.
whether there were physical attributes of the property. Waido stated the statement from the I-25
Subarea Plan was as follows: "Preservation of a portion of this property would also add to adjacent
open space areas already owned by the City." He presented visual information regarding the portion
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of the Resource Recovery Farm zoned E to be preserved as open lands and property to the west that
had already been purchased by the City.
Councilmember Kastein made a motion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 079, 2004 on Second Reading.
Councilmember Kastein stated he wanted this item to be discussed as a reminder that the City had
made the decision to rezone this land for a public purpose. He stated issues had been raised with the
Employment district as a focus for preservation. He stated the City was giving up some prime real
estate for employment opportunities and switching the property to a completely nonemployment use.
He reminded the Council that there had been decisions made and that there would be issues in the
future where citizens asked for this same kind of leniency.
Councilmember Hamrick stated Employment needed to be kept in balance with other zoning. He
noted that the Council would be reviewing the Mountain Vista Subarea Plan soon and that there
would be issues relating to the balance of Employment and other uses. He stated would be a good
time to have the discussion.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Other Business
Councilmember Bertschy stated there was a memo from the City Attorney regarding campaign
activities by City Councilmembers several weeks ago.
Councilmember Bertschy made a motion, seconded by Councilmember Roy, to waive the
attorney/client privilege regarding the memo from the City Attorney regarding interpretation of the
City Code as related to Councilmembers campaigning for other elective offices. The vote on the
motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy and
Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Hamrick asked if there had been a response to the letter from the Mayor and City
Manager to the City of Loveland concerning the annexation and development agreement that
impacted the airport.
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Mayor Martinez stated there was a meeting with City of Loveland staff yesterday and that he had
brought up the issue of adequate notice to Fort Collins regarding such issues. He stated there was
discussion about a letter of understanding regarding the kinds of issues Loveland would notify Fort
Collins about to ensure that Fort Collins would have more advance knowledge about issues affecting
the partnership between the two cities at the airport. City Manager Fischbach stated the City of
Loveland notified him that they were not going to consider the item for Second Reading at this time.
Councilmember Hamrick stated if this did not get addressed to the satisfaction of the City that the
City might need to pursue legal options to enforce the IGA.
Mayor Martinez stated he was not convinced that there had been a violation of the IGA. He stated
the City was insisting on advance notice on such issues.
Councilmember Hamrick stated this was not the first time that this type of issue had arisen and asked
if the City Attorney perceived this to be a violation of the IGA. City Attorney Roy stated he would
need to review the language of the IGA about joint operation and management. He stated there were
no specific provisions in the IGA addressing this type of situation and the need for advance notice.
Mayor Martinez stated the intent was to obtain a letter of understanding.
Councilmember Hamrick asked what the next steps would be in the filling of the vacancy created
by City Manager Fischbach's resignation. City Attorney Roy stated staff would bring forward a
Resolution at the June I meeting by which the Council could appoint an Interim City Manager. He
stated the duties of that individual would take effect upon the departure of Mr. Fischbach. He stated
Council would then begin its deliberations regarding the kind of recruitment and selection process
to be followed to fill the position.
Mayor Martinez noted that a retreat was tentatively scheduled for July 16-17 based on commitments
made by the Council. He stated several Councilmembers had indicated that they could not attend.
He stated he would like to see Councilmembers honor their commitments to attend retreats.
Councilmember Roy stated he was unable to attend the tentatively scheduled retreat and that he had
made his plans to be out of town before the retreat date was firmed up on the schedule. He stated
those retreat dates were one of many optional dates for the retreat.
Councilmember W eitkunat stated it was her understanding that tentative dates were picked for each
quarter for possible retreats and that the retreat (if held) would be on that date. She stated it was her
understanding that the decision was made not to have a retreat.
Mayor Martinez stated he would like to see Councilmembers keep the tentatively scheduled dates
open in the event a retreat was needed. He stated it was difficult to find an alternative date for a
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retreat if a retreat would need to be held. He stated it was unknown whether or not a retreat would
be needed. He stated the July retreat had been canceled because several Councilmembers would not
be available.
Adjournment
Councilmember Bertschy made a motion, seconded by Councilmember, to adjourn to 6:00 p.m. on
May 25, 2004. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick,
Kastein, Martinez, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Bertschy stated the meeting was adjourned to May 25 in order to conduct any
business necessary pertaining to the City Manager.
The meeting adjourned at 9:35 p.m.
ATTEST:
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City Clerk
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