HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/2004 - CONSIDERATION AND APPROVAL OF THE COUNCIL MEETING ITEM NUMBER: 7
AGENDA ITEM SUMMARY DATE: March 2, 2004
FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek
SUBJECT
Consideration and approval of the Council meeting minutes of January 6 and January 20, 2004.
January 6, 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, January 6, 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: Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat.
Councilmembers Absent: Bertschy.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Ken Gordon, former Human Relations Commission chair, stated he had submitted his resignation
from the Commission on December 2,2003,because of the"deafening silence"of the City Council
regarding issues of racism,diversity,inclusion and an ordinance that would protect residents against
harassment solely based on the color of their skin. He stated since his resignation he had received
an outpouring of support from the community. He stated many who contacted him asked what they
could do to address the issues. He thanked Councilmember Kastein for the public apology he made
at the last meeting and thanked Councilmember Roy for his support. He stated if the City Council
and the members of the Human Relations Commission would accept it that he and Mary Gomez
were officially withdrawing their resignations from the Commission with the following requests:(1)
that the City Council,the Human Rights Office and the Human Relations Commission immediately
schedule a retreat to develop initiatives aimed at making Fort Collins more racially sensitive,more
welcoming to minority cultures and more racially inclusive; (2) that City Council work with the
appropriate organizations to draft and pass a local racial profiling statute; (3) that City Council
schedule a Study Session with the appropriate organizations to discuss and evaluate a human rights
protection ordinance; and(4)that City Council,the Human Rights Office and the Human Relations
Commission jointly sponsor a community-wide diversity forum entitled"Understanding the Nuances
of Racism"which would be an opportunity for a dialogue. He stated as work continues to make Fort
Collins a community of inclusion and sensitivity, it was the intent of the Human Relations
Commission to implement programs such as "Walk Our Talk," a City-wide diversity based
celebration,the myth of the color blind City,and the introduction of the institute for healing racism.
Bobbie Poole,2318 Manchester Court,spoke in support of human rights protection ordinance. She
stated issues had surfaced during the discussions, specifically that the Council did not believe that
it needed to act until the Clear Act was a real and present danger and that the testimony had
uncovered a problem of racism that had been hidden from the white community for too long. She
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stated the City Council must become anti-racist because of its position of influence and ability to
help set the tone of the City. She suggested an ongoing process of self-education for the group. She
asked that Council consider having a process observer attending all Council meetings. She stated
a human rights protection ordinance would be a positive step towards making a proactive statement
that all citizens were valued as community members.
Cheryl Distaso,135 South Sunset,spoke regarding undocumented immigrants and theirmembership
in the community. She stated those members of the community should be treated with dignity and
respect. She stated a human rights protection ordinance would help to ensure that treatment. She
stated the ordinance would also protect legal citizens from racial profiling and would allow citizens
to report crimes and health problems without fear.
Mary Gomez,2443 Cheviot Drive, stated there was a problem with racism in Fort Collins and that
it was time for the community to recognize the problem. She stated she had submitted her
resignation from the Human Relations Commission in December and that since her resignation the
support from the community had been phenomenal. She thanked Councilmembers Kastein,Hamrick
and Roy for their public support and encouragement. She stated she wanted to make a difference
in the community and that she wishes to withdraw her resignation and remain a member of the
Human Relations Commission.
Kim Salinas, 120 West Olive,spoke regarding the variety of reasons people might be in this country
illegally or"out of status with immigration"or"undocumented." She stated undocumented residents
included spouses, children, siblings and parents of United States citizens and workers, consumers
and taxpayers of the community who wanted to adjust their immigration status but were unable to
because of the "dysfunctional' immigration system. She stated the human rights protection
ordinance was all about protecting the human rights of all individuals in the community regardless
of their immigration status. She stated undocumented individuals feared accessing City services,
including police services. She stated they were "targeted, profiled, stereotyped and discriminated
against." She stated the U.S. Constitution did not distinguish between citizens and non-citizens.
Soccoro (full name unstated), assisted by an interpreter, stated she was from a group called Latino
Force and that she was concerned about the members of her group. She stated group members had
told her that they were afraid to live here even though many had lived here for a long time. She
stated many families feared that Immigration would come to take them away and the changes that
had taken place were very difficult for these people. She stated in her experience, the Police had
only requested necessary documents and not documents related to Immigration. She stated she
hoped that changes could be made so that people would feel more comfortable living here. She
stated she hoped that something positive would come out of this.
Charlotte Miller, 2875 Blue Leaf Drive, spoke regarding her experience in taking a 12-year old
undocumented boy from El Salvador into her home and in adopting him. She spoke about the
difficulty of the time in which he was undocumented. She stated he became a citizen after many
difficult experiences with the authorities, including the authorities in his own country. She stated
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he was afraid to come to Fort Collins because the town was not very diverse. She stated she
understood the differences in perceptions of those who "fit in" and those who do not feel
comfortable here.
Shed Farley, contractor, stated he had seen racism exhibited in workplaces and schools. He
commended Mr. Gordon and Ms. Gomez for speaking about their experiences and stated he hoped
that they would not resign.
Citizen Participation Follow-up
Mayor Martinez asked about the status of efforts that had been discussed with regard to the Human
Relations Commission and the Multicultural Commission. City Manager Fischbach stated two
appointments had been made to fill some of the four vacancies on the Human Relations Commission.
He stated when there was a full Human Relations Commission that a retreat would be held with the
Multicultural Corporation, which was now a nonprofit corporation, to discuss the issues of racism
and multiculturism. He stated the intent was to work on many of the items mentioned by Mr.
Gordon.
Mayor Martinez stated he had spoken with a professor at CSU in the Psychology Department and
that he had indicated that he was willing to work with the City and the multicultural group. He asked
that the City Manager's Office contact the professor. He asked that the complaint process be made
as public as possible.
Councilmember Roy stated Mr. Gordon and Ms. Gomez had brought energy and vision to the
Human Relations Commission and that he would welcome them back to that group. He spoke in
favor or reaching out and finding a way for everyone to feel comfortable in a welcoming community.
He asked what kind of actions would be required to allow Mr. Gordon and Ms. Gomez to withdraw
their resignations. City Attorney Roy stated there was no written policy regarding resignations from
boards and commissions or with regard to withdrawal of resignations. He stated the Council
ultimately had the authority to appoint and remove the members of all boards and commissions. He
stated it would be helpful if the Council would take a position by motion with regard to the
rescission or withdrawal of these resignations. He stated the City Clerk had not yet announced the
vacancies and no action had yet been taken in reliance upon the resignations.
Councilmember Tharp made a motion to rescind the resignations of Ken Gordon and Mary Gomez
from the Human Relations Commission.
Councilmember Weitkunat asked why formal action would be required to rescind the resignations
if no formal action was taken to accept them. City Attorney Roy stated the last formal action taken
by the Council was the passage of a Resolution making appointments. He stated there was case law
relating to the issue and that he would recommend that formal action be taken to rescind the
resignations because the Charter gave the Council the authority to remove and appoint boards and
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commissions members. He stated the adoption of a formal Council position by motion would add
clarity to the issue.
Councilmember Weitkunat asked if Council could take formal action to refuse to accept the
resignations. City Attorney Roy stated he would suggest the motion as stated by Councilmember
Tharp.
Councilmember Hamrick seconded the motion made by Councilmember Tharp.
City Manager Fischbach noted that Mr. Gordon and Ms. Gomez had stated they would like to
withdraw their resignations subject to certain conditions. He asked if the Council was accepting all
of the conditions.
Councilmember Tharp stated her intent was not to accept all of the conditions. She stated she would
support a retreat and forum as suggested by Mr. Gordon. She stated with regard to the condition of
adopting a local profiling ordinance and human rights ordinance, each ordinance would have to be
debated and voted upon by the Council separately. She stated the outcome of that debate and vote
was not known. She stated if the withdrawal of resignation was contingent upon the adoption of the
two ordinances, assurances could not be given as to the outcome.
Mayor Martinez stated he would welcome Mr.Gordon and Ms.Gomez back to the Human Relations
Commission but that assurances could not be given relating to the ordinances because the Council
had not reviewed such ordinances. He stated the ordinances would need to be discussed with various
groups and that it would need to be determined whether the Human Relations Commission as a
whole would be recommending the ordinances. He stated he would support a retreat and a forum.
Councilmember Kastein stated it was important to understand Mr. Gordon's expectations.
Mr. Gordon stated he did not indicate that the withdrawal of his resignation was conditional or
contingent upon any specific actions. He stated he had indicated that he and Ms. Gomez were
withdrawing their resignations with certain requests. He stated he did not ask for the passage of
anything and did ask for meetings to be held to determine the right course of action.
Councilmember Kastein stated he would support rescinding the resignations and making a
commitment to look into the issues.
Councilmember Hamrick stated he would support the motion and that he would support taking a
look at the action items listed by Mr. Gordon. He stated he was glad that Mr. Gordon and Ms.
Gomez would remain on the board and would continue to work on these issues.
Councilmember Weitkunat stated the system worked by persistence and that she was sorry that
incidents had occurred and that a problem existed. She stated communities and governments worked
through public discussion and awareness. She stated these problems needed to be discussed.
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January 6, 2004
The vote on the motion was as follows: Yeas Councilmembers Hamrick, Kastein, Martinez, Roy,
Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Tharp stated Ms. Salinas had indicated that people were targeted and profiled. She
stated there was a Citizen Review Committee that dealt with such charges and that she would like
an update and review of the citizen review process and the cases that the Committee had dealt with
in the past year.
Councilmember Kastein stated there were two separate issues: (1) racism and prejudice in general
in the community, and (2)the issue of immigration status. He noted that there was a study session
scheduled on January 27 with a 15 minute report on diversity on boards and commissions. He asked
for consideration ofbroadening the scope of that study session discussion to discuss the human rights
ordinance and whether there was consensus on Council to move forward with that ordinance or not.
City Manager Fischbach stated could be done if there was support from the full Council.
Councilmember Kastein stated he would like to see the Council make a determination with regard
to moving forward with the human rights ordinance or not.
Councilmember Tharp supported Councilmember Kastein's suggestion.
Mayor Martinez stated it would be fine.
Councilmember Hamrick stated more than 15 minutes would be needed for that discussion.
A¢enda Review
City Manager Fischbach stated the agenda would stand as printed. He stated Second Reading of
Ordinance No. 174, 2003, Continuing a Temporary Manufacturing Equipment Use Tax Rebate
Program for Fort Collins Manufacturers was pulled from the December 16 Consent Calendar and
was not considered at that meeting due to the late hour. He stated the item was inadvertently left off
of this agenda and that Second Reading of the Ordinance would be considered on January 20.
CONSENT CALENDAR
7. Second Reading of Ordinance No. 177, 2003, Amending Section 2-582 of the City Code
Regarding the Employment Status of Deputy and Assistant City Attorneys.
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January 6, 2004
This Ordinance,which was unanimously adopted on First Reading on December 16, 2003,
clarifies that Deputy and Assistant City Attorneys are not management employees of the
City but, rather, are unclassified employees whose positions are approved by the Council,
and who are appointed by the City Attorney, and serve at the pleasure of the City Attorney.
8. Postponement of Second Reading ofOrdinanceNo 178 2003 Imposing a Moratorium upon
the Acceptance of Applications for the Approval of Development Plans and/or the Issuance
of Building Permits for Dwellings Constructed on the Rear Portion of Lots Located Within
the N-C-L.Neighborhood Conservation Low Density,N-C-M,Neighborhood Conservation
Medium Density, and the N-C-B. Neighborhood Conservation Buffer Zone Districts_ to
January 20, 2004.
This Ordinance, which was adopted 4-2 (Nays: Kastein and Martinez, Councilmember
Bertschy was absent)on First Reading on December 16,2003,imposes a moratorium on the
acceptance of applications for the approval of development plans and/or issuance ofbuilding
permits for "alley houses" or other dwellings on the rear portion of lots located within the
Eastside and Westside neighborhoods. Staff if recommending that this Ordinance be
postponed on Second Reading until January 20 so that the full Council will be present to
consider the Ordinance.
9. First Reading of Ordinance No. 001, 2004, Appropriating Prior Year Reserves in the Street
Oversizing Fund and Authorizing the Transfer of Appropriated Amounts to Be Used to
Construct Improvements on Ziegler Road from Timberwood Drive South to Kechter Road
With the construction of the Fossil Ridge High School, arterial street improvements are
planned for Zeigler Road adjacent to the school property. Parks and Recreation owns the
Southeast Community Park site adjacent to Zeigler Road immediately south of the high
school site.Hewlett Packard owns an undeveloped site adjacent to Zeigler Road immediately
north of the high school. Staff has worked with these property owners in an effort to
complete this portion of Zeigler Road between Harmony and Kechter. The property owners
have combined to improve Zeigler Road to a minor arterial from Timberwood Drive south
to Kechter Road. Combining the roadway construction into one project will save costs for
all property owners due to economies of scale and complete an important segment of
roadway which will provide primary access to the new Fossil Ridge High School opening
in the fall of 2004. This project will be funded entirely through developer contributions and
the construction will be managed by the City Street Oversizing Program.
10. First Reading of Ordinance No. 002, 2004 Amending Chapter 17 of the City Code by the
Addition of a New Section 17-45 to Make it Unlawful for Any Person to Damage or Destroy
Public Improvements in Public Rights-of-Way Unless Authorized or Permitted to Do So in
Accordance with Law.
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January 6, 2004
It is proposed that Chapter 17 of the City Code be modified to add language to state that no
person shall do any act in the public right-of-way that will deface or cause damage to public
street improvements unless they are permitted to do so in accordance with law. Along with
this change the City Engineer's authority would be expanded to prevent damage to public
street improvements that are caused by non-permitted contractors,suppliers and other parties
causing damage to streets and related facilities by their activities. This authority would be
exercised through the Engineering Construction Inspectors, who are currently swom
officials, similar to Building Inspectors. Engineering Construction Inspectors, as well as
Police Officers, would then be able to enforce City Code provisions that make it unlawful
to damage public improvements in the public rights-of-way.
11. First Reading of Ordinance No. 003, 2004, Amending the Zoning Map of the City of Fort
Collins by the Zoning Classification for that Certain Property Known as the East
Ridge Rezoning
This is a request to rezone 159 acres of land located east of Timberline Road and south of
East Vine Drive.The proposed zoning for the entire property is LMN—Low Density Mixed-
Use Neighborhood district.The property is currently zoned T—Transition. This zoning was
adopted on the property at the time the property was annexed.
The property is designated as LMN on the City of Fort Collins Structure Plan and the East
Mulberry Corridor Plan.
The rezoning request is consistent with the recently adopted East Mulberry Corridor Plan.
This plan designates this parcel as LMN. The LMN zone district permits a variety of
residential uses, including single family, single family attached (townhomes) and multi-
family residential at a density range of 5 to 8 units/acre. Churches,community facilities and
neighborhood centers are permitted within the LMN zone district as well.
12. First Reading of Ordinance No 004 2004 Approving and Authorizing the Execution and
Delivery of a First Amendment to the Trust Indenture Relating to the City of Fort Collins
Colorado, Multifamily Housing Revenue Bonds, Series 1997 (the Bull Run Townhomes
Project): and Authorizing the Preparation and Execution of Related Documents
As one of its tools to facilitate the development of affordable housing, the City of Fort
Collins occasionally issues private activitybonds on behalf of qualified projects. Theinterest
on the bonds is not subject to income taxation. Therefore the rates are lower than taxable
market rates. This allows a portion of the units in a qualified project to pay lower rents. To
become qualified,the project must rent the housing units to individuals or families that meet
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January 6, 2004
low- or moderate-income guidelines. The City issued bonds for the Bull Run Townhomes
Project in 1997.
The proposed changes to the Trust Indenture are being requested by AIG Retirement
Services, Inc. AIG provides financial security for the 1997 bonds. The changes include a
different means by which to calculate the interest on the bonds and a change in the repayment
schedule to lower the annual payments.
13. First Reading of Ordinance No. 005, 2004, Approving and Authorizing the Execution and
Delivery of a First Amendment to the Trust Indenture Relating to the City of Fort Collins,
Colorado,Multifamily Housing Revenue Bonds, Series 1998(the Country Ranch 11 Limited
Partnership Project),and Authorizingthe a Preparation and Execution of Related Documents.
As one of its tools to facilitate the development of affordable housing, the City of Fort
Collins occasionally issues private activity bonds on behalf of qualified projects. Theinterest
on the bonds are not subject to income taxation. Therefore the rates are lower than taxable
market rates. This allows a portion of the units in a qualified project to pay lower rents. To
become qualified,the project must rent the housing units to individuals or families that meet
low- or moderate-income guidelines. The City issued bonds for the Country Ranch II
Limited Partnership Project in 1998.
The proposed changes to the Trust Indenture is being requested by AIG Retirement Services,
Inc. AIG provides financial security for the 1998 private activity bonds. The changes
include a different means by which to calculate the interest on the bonds and a change in the
repayment schedule to lower the annual payments. With these two changes accomplished,
the Bonds will be transferred to the Federal Home Loan Mortgage Corporation(also known
as Freddie Mac).
14. First Reading of Ordinance No. 006, 2004, Authorizing the Grant of a Non-exclusive
Easement to Owest Corporation Across City-owned Property in Avery Park.
The proposed easement is located within Avery Park near the intersection of South Taft Hill
Road and Clearview Avenue. The easement area would be used for a telecommunication
cabinet to provide DSL service to the community. The dimensions of the proposed easement
are 10' X 10' in addition to a 4' X 5' strip to allow connectivity between an existing
telecommunication cabinet and the proposed cabinet. Parks Department staff has no
objections to the requested easement.
15. First Reading of Ordinance No. 007,2004,Authorizing the Exchange of a City Property for
a Parcel of Land Adjacent to Kingfisher Natural Area and Appropriating the Value of the
Partial Donation of the Property to Be Acquired
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January 6, 2004
The proposed land exchange with William C. and Maureen D. Stockover will result in a
conveyance to the City of approximately 2.468 acres of excess land to the south of the
Stockover's business at 1833 East Mulberry Street, which is on the Poudre River Corridor
and adjacent to the Kingfisher Natural Area,in exchange for a conveyance to the Stockovers,
subject to a City easement, of approximately 0.621 acres of City owned land adjacent to the
Stockover Property.
The Stockovers own an approximately 18,000 square foot retail/distribution improvement
on a 5.499 acre tract. The tract contains two legal parcels. The building is currently leased
to the Stanley Steamer, Inc.
16. Resolution 2004-001 Stating the Intent of the City of Fort Collins to Annex Certain Property
and Initiating Annexation Proceedings for Such Property to be Known as the Homestead
Annexation.
The Homestead Annexation consists of approximately25.151 acres of publicly and privately
owned property.This annexation includes a 1271 foot long portion of the Ziegler Road right-
of-way, and the adjacent street rights-of-way along Cornerstone Drive and Hearthstone
Drive. The recommended zoning is the UE—Urban Estate zone district. The property is
located within the Fossil Creek Reservoir Area Plan.
17. Resolution 2004-002 Making Findings of Fact and Conclusions Regarding the Appeal of a
Decision of the Administrative Hearing Officer Relating to the Discount Tire at Fossil Creek
Project Development Plan.
On December 16, 2003, Council conducted a hearing on the appeal of the rehearing for the
Discount Tire at Fossil Creek Project Development Plan,and voted 6-0 to uphold the hearing
officer's approval of the project.
18. Resolution 2004-003 Authorizing the Execution of a Grant Agreement with the State of
Colorado for Fundingof AiMort Projects at the Fort Collins-Loveland Municipal Airport
The Airport previously submitted a grant request to the Colorado Division of Aeronautics
for financial assistance to help pay for Airport projects. As a result, the Aeronautic Board
approved a grant offer to the cities in the amount of$45,278. Of this total: $25,788 is for
half of the cities' federal match for the Master Plan Study(the$450,000 FAA Grant for the
Master Plan Studyhas alreadybeen accepted by the cities);$7,500 is forhalfofthe estimated
costs to construct a replacement diesel fuel storage tank; and $12,000 is for half of the
estimated cost to construct a baggage claim structure to be used by commercial air
passengers. The cost to construct the diesel storage tank and baggage claim structure are still
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January 6, 2004
being developed and will be submitted at a later date to the cities for approval and
appropriation of funds. The cities' share of costs for the Master Plan Study has already been
appropriated. Acceptance of the grant funds now ensures the commitment of funding will
not be lost to another airport.
19. Resolution 2004-004 Amending Resolution 2003-126 so as to Eliminate the Transfort Youth
Fare.
As a result of the Bohemian Foundation Grant, youth will continue to ride Transfort at no
cost, which will help greatly to continue viable transportation for the community's youth.
This grant will ensure that youth will have transportation to get to school, after-school
activities, and jobs. The grant should encourage strong ridership on Transfort; prevent a
financial burden on youth; provide a constant revenue amount to Transfort; and permit city
staff sufficient time to work with other community agencies in developing a youth fare
policy.
At the November 18, 2003 meeting the Council adopted Resolution 2003-126 establishing
the youth fare at .25 cents per ride. The youth fare was scheduled for implementation on
January 19, 2004. This Resolution would amend Resolution 2003-126 to change the youth
(17 &under) fare to "no charge".
20. Routine Easement.
A. Deed of dedication for easement from the Poudre School District, for a permanent
utility easement, located north of East Laurel Street and east of South College
Avenue. Monetary consideration: $10.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 177, 2003, Amending Section 2-582 of the City Code
Regarding the Employment Status of Deputy and Assistant City Attorneys.
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
9. First Reading of Ordinance No. 001, 2004, Appropriating Prior Year Reserves in the Street
Oversizing Fund and Authorizing the Transfer of Appropriated Amounts to Be Used to
Construct Improvements on Ziegler Road from Timberwood Drive. South to Kechter Road.
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January 6, 2004
10. First Reading of Ordinance No. 002, 2004, Amending Chapter 17 of the City Code by the
Addition of a New Section 17-45 to Make it Unlawful for Any Person to Damage or Destroy
Public Improvements in Public Rights-of-Way Unless Authorized or Permitted to Do So in
Accordance with Law.
11. First Reading of Ordinance No. 003, 2004, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the East
Ridge Rezoning_
12. First Reading of Ordinance No. 004, 2004, Approving and Authorizing.the Execution and
Delivery of a First Amendment to the Trust Indenture Relating to the City of Fort Collins.
Colorado, Multifamily Housing Revenue Bonds, Series 1997 (the Bull Run Townhomes
Project): and Authorizing the Preparation and Execution of Related Documents.
13. First Reading of Ordinance No. 005, 2004, Approving and Authorizing the Execution and
Delivery of a First Amendment to the Trust Indenture Relating to the City of Fort Collins.
Colorado,Multifamily Housing Revenue Bonds,Series 1998(the Country Ranch 11 Limited
Partnership Project):and Authorizing the Preparation and Execution of Related Documents.
14. First Reading of Ordinance No. 006, 2004, Authorizing the Grant of a Non-exclusive
Easement to Qwest Corporation Across City-owned Property in Avery Park.
15. First Reading of Ordinance No. 007,2004,Authorizing the Exchange of a City Property for
a Parcel of Land Adjacent to Kingfisher Natural Area and Appropriating the Value of the
Partial Donation of the Property to Be Acquired.
Councilmember Weitkunat made a motion, seconded by Councilmember Hamrick, to adopt and
approve all items on the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Staff Reports
City Manager Fischbach presented an update on the Status Report on City Council Requests.
City Manager Fischbach reported on artwork moved to a prominent location in the 215 North Mason
office building from the City Council Chambers. He stated the artwork created by former
Councilmember Barbara Liebler had been in the City Council Chambers since 1981.
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January 6, 2004
City Manager Fischbach reported that the Recreation Division had received almost 100 calls during
the first hour of the new phone registration system. He stated the new system was customer friendly
and appeared to be working extremely well.
City Manager Fischbach reported that Greg Tempel of the City Attorney's Office was recently
honored at the Metropolitan Association annual banquet as the 2003 Assistant City Attorney of the
Year.
City Manager Fischbach stated the City employees raised nearly$56,600 in pledges and more than
$7,100 through special events for United Way.
City Manager Fischbach stated concerns were expressed by some members of the community at the
last Council meeting about the City police requiring Social Security numbers for the program that
gave gifts to children. He stated the Santa Cops was a voluntary operation representing five separate
police agencies and had its own status under federal law. He stated Social Security numbers were
requested on the application for several reasons and that gifts were not denied if someone did not
have a Social Security number. He stated Social Security numbers were requested because there had
been numerous cases of fraud and some households requesting up to four or five applications. He
stated in some cases gifts were delivered when the applicants did not have a Social Security number
because they were from Mexico. He stated some applicants did not receive gifts because the
applications were not completely filled out. He stated the Santa Cops Board indicated a willingness
to work out a better system for next year.
City Manager Fischbach reported that changes were being made by the Utilities in funding and
administering the REACH weatherization program and the new payment assistance fund. He stated
a monthly donation of $8.25 could help a family avoid having its utilities shut off. He stated
REACH funded 24 weatherization projects in 2003 and that over 500 customers donated over
$12,500.
City Manager Fischbach presented an update regarding neighborhood quality of life concerns. He
stated this had become one of the foremost concerns for the City Council and for Councilmember
Tharp in particular. He stated in November of 2003 he established a committee made up of
representatives from multiple departments to address Code compliance issues and to evaluate new
tools to improve the quality of life in our neighborhoods. He stated the committee's objectives were
to determine (1) how to more effectively utilize current resources, (2) how to improve internal
communications and information sharing to be more responsive, (3) how to maximize the
relationship with ASCSU and CSU,(4)what Code changes were necessary to accomplish the desired
outcome. He stated during 2003 12,549 citations were issued regarding weeds,rubbish,inoperable
vehicles, snow removal, etc.; that 4,175 noise and party calls were received and 714 citations were
issued with 97.5%successfully prosecuted;that 544 barking dog warnings were issued and 26 tickets
were issued; and that there were 19 complaints filed for the "three unrelated"violation and that no
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violations were confirmed for eight, there was insufficient evidence to prosecute for three,that five
were corrected without prosecution, and three were unresolved. He stated the public nuisance
ordinance applied to properties with multiple complaints and that 220 warning letters had been sent
out. He stated 143 situations were resolved with no further citations,that 58 later received a citation,
that 17 properties had been issued a second citation, and that two properties had been issued three
violations. He stated preliminary committee findings were: (1) that the public nuisance ordinance
had proven to be an effective tool; (2) that the Neighborhood Resources Office Community
Mediation Program had also been successful;(3)that the Community Liaison Coordinator had been
successful in building strong student/City relationships; (4) that there was strong collaboration
between City departments through the Neighborhood Task Force; (5) that many property
management companies had demonstrated efforts to work on property issues; (6) that the "three
unrelated" ordinance was ineffective; (7) that there was a lack of party call resources; and (8) that
information sharing to the community should be improved. He stated the issues that had not yet been
fully considered included alternatives to the "three unrelated"ordinance; rental licensing; limiting
the number of rentals in neighborhoods; a one-stop shop for citizens to file complaints; alternative
enforcement strategies for loud party calls; relationships, roles and responsibilities with CSU and
ASCSU; and expanding programs such as "party partners" City-wide.
Mayor Martinez asked what the other reasons were for requesting Social Security numbers for Santa
Cops. City Manager Fischbach stated a number of people were trying to commit fraud in getting
gifts and the number of multiple applications for households.
Mayor Martinez asked if there was a better way to deal with the issue than requesting Social Security
numbers. City Manager Fischbach stated the Santa Cops Board was looking at alternatives.
Mayor Martinez asked if the utility bill check-off would be on the utility bill. City Manager
Fischbach stated staff was working toward getting that on the bill and that he would check with staff
to determine if it was on the January bill.
Mayor Martinez stated he would like a specific date regarding when the check-off would be on the
utility bill if it was not on the January bill.
Councilmember Tharp noted that Santa Cops was not a City-sponsored organization and that the
Council could not direct them with regard to Social Security numbers. City Manager Fischbach
stated the Fort Collins Police Department was one of the five participating agencies and that
suggestions had already been made to the Santa Cops Board regarding elimination ofthe requirement
for Social Security numbers and that the Board had indicated a willingness to make the change.
Mayor Martinez stated Fort Collins could withdraw from the Santa Cops program if the Board was
not amenable to the change.
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Councilmember Kastein thanked the City Manager for the report on neighborhood issues and stated
that his second priority would be expanding programs to cover some of the issues. His first priority
would be to assess how well current programs were working. He asked if there was a plan to present
status reports to the Council. City Manager Fischbach stated he would keep the Council updated and
that a Study Session was scheduled on January 27 with ASCSU regarding the "three unrelated"
issue.
Councilmember Tharp asked if staff had received enough direction from Council to look at the rental
licensing issue. City Manager Fischbach stated direction would have to follow the Study Session
and that staff was looking at the issue from the staff perspective. He stated staff would be putting
together a program proposal for the Council to take a look at. He stated the City had made
significant progress on the neighborhood quality of life issues as noted by the statistics presented.
Councilmember Hamrick stated there was some urgency with regard to getting the proper actions
taken. He asked if there was a definite timeline on when Council would see a program. City
Manager Fischbach stated he would let the Council know the timeline.
Resolution 2004-006
Relating to the Adoption of an Action Plan
Pertaining to the City's Economic Health, Adopted.
The following is staff s memorandum on this item.
"Financial Impact
This Resolution is intended to positively impact the Fort Collins economy and related tax base of
the City of Fort Collins. The Resolution also authorizes the City Manager to create anew staff
position to coordinate the City's efforts to promote the economic health of the community.
Executive Summary
Resolution 2004-006 is a follow-up to the November 25, 2003, study session when City Council
requested that staff bring forth several action items pertaining to the City's economic health. The
action items are as follows:
• The reaffirmation of the City of Fort Collins economic policy adopted on
February 16, 1999 (Exhibit A).
• Appointment of Councilmembers Tharp and Weitkunat to serve as the City
Council liaisons to an Economic Vitality and Substainability Group.
• Establishment of the Economic Vitality and Sustainability Group.
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January 6, 2004
• Development of an Economic Vitality and Sustainability Plan for the City
and the establishment of guidelines for funding an Economic Vitality and
Community Sustainability Fund no later than June 30, 2004.
• The creation of the position ofeconomic advisor within the City. (The major
duties of the position are outlined in Exhibit B).
• Directing the City Manager to begin a dialogue with the business community
regarding a possible amendment to Chapter 25 ofthe City Code which would
reduce the amount retained by retailers on sales tax collected by them on
behalf of the City. "
City Manager Fischbach introduced the agenda item. He stated the Resolution was a follow-up to
the November 25, 2003 Study Session when the Council asked staff to bring forth several action
items pertaining to the City's economic health. He summarized the proposed action items and
recommended approval of the Resolution.
David May, Fort Collins Area Chamber of Commerce, thanked the Council for its interest in this
issue. He stated the Council might want to draw on certain groups for the Economic Vitality and
Substainability Group,such as the Larimer County Workforce Development Board,CSU School of
Business, Institute for the Built Environment at CSU, Front Range Community College, the
Chamber,NCDC, High Tech Network, and similar groups. He recommended that the Council not
be narrow in the development of the group and include those kinds of organizations. He suggested
that one of the Councilmembers appointed to the group serve as the chair. He stated this would be
an opportunity to talk about this community and what it did not want. He suggested that the
discussion focus on the strengths, weaknesses and future of the community.
J.J.Johnston,Northern Colorado Economic Development Corporation,stated the time was right for
Fort Collins to have an active economic plan to get people back to work and fill empty buildings.
He commended Council and staff for making this a priority. He supported the formation of an
advisory committee with representation from the business community.
Linda Hopkins,property owner,stated this proposed plan and outline was very important to the City.
She stated she had heard each of the Councilmembers express an interest in the vitality of the
business community. She stated each Councilmember had emphasized the singular importance of
providing consistent quality public services. She stated it would be consistent and important to
protect sources of revenue and jobs that generate income and sales and use tax. She stated the plan
would authorize Council to gather data, analyze trends, and seek opportunities to participate more
actively in a leadership position and supportive role to the economy. She stated adopting the
components ofthe plan would be consistent with Council's stated interest in the business community
and was clearly core to the ability to provide and continue quality services in the community.
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Bob Vinton, 1313 Parkwood Drive, encouraged Council to move forward with adopting the
Resolution. He stated he hoped that Council would be able to take some action this year,based on
the recommendations of the advisory group.
City Manager Fischbach stated he had provided a discussion guide for Council's use.
Mayor Martinez stated Question 1 was whether the Council wanted to leave the duties and functions
as described for the Economic Vitality and Substainability Advisory Group (EVSAG).
Councilmember Kastein suggested a motion on the Resolution,including the first option for question
1, and dealing with questions 2, 3 and 4 through motions to amend.
Councilmember Hamrick made a motion, seconded by Councilmember Tharp to adopt Resolution
2004-006.
Councilmember Kastein suggested a friendly amendment to include subpoints 1 through 5 listed on
the City Manager's summary under Question 1 for the duties and functions of the EVSAG as
follows:(I)economic challenges,strengths,and issues facing the community;(ii)specific economic
strategies to leverage strengths and overcome the problems; (iii) business clusters where existing
community assets give Fort Collins a competitive advantage; (iv) the partnerships and operating
structures that can most effectively implement the economic goals and strategies of the City Council;
and (v) specific measures and benchmarks in which to measure the economic health of the
community.
Councilmembers Hamrick and Tharp accepted this as a friendly amendment.
City Attorney Roy requested clarification that the subpoints (1) through (v) on the City Manager's
handout would be substituted for the existing items (1), (ii) and (iii) in subparagraph 2(a) of the
Resolution.
Councilmember Kastein stated was the intent.
The vote on the motion as amended was as follows: Yeas: Councilmembers Hamrick, Kastein,
Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Mayor Martinez stated Question 2 related to the size of the membership of the EVSAG: 7, 9, 11
members or other.
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January 6, 2004
Councilmember Weitkunat stated seven members would be too few. She stated it was important to
include key sectors of the community to provide information, historical and future trends, and
knowledge of the industry. She stated she would like to see a discussion that key sectors and
organizations would be represented on the committee. She stated she would like to see the
committee pull knowledge and expertise from sectors such as the educational sector, the nonprofit
and arts sector, the business sector, etc. She asked Council to discuss this in terms of sectors rather
than in terms of specific numbers. She stated it was important to have representation from a variety
of areas in the community, including the medical field, the economic field, builders groups, etc.
Councilmember Tharp suggested setting a maximum number, such as no more than 15 members,
and giving her and Councilmember Weitkunat time to discuss with staff the inclusion of all of these
types of sectors. She stated she would prefer no more than 15 members representing a variety of
sectors in the community to get a balanced resource group.
Councilmember Kastein stated he would be comfortable giving Councilmembers Tharp and
Weitkunat the task of developing a list with some alternates.
Councilmember Weitkunat asked that Councilmembers provide any suggestions regarding the
community sectors to be included.
Councilmember Roy stated there needed to be some kind of limit on the number. He stated it would
be important to include representatives who would be knowledgeable about health,environment,and
education, and had commitment to the community. He stated he would like to see representation
from the health care industry, the environmental community, education, and "regular"people.
Councilmember Hamrick stated it was his understanding that Councilmembers Weitkunat and Tharp
would develop a list of not more than 15 people from across the community representing a diverse
perspective on the health of the economy and would then present the list to Council.
City Attorney Roy asked if the intent was that the original pool would be no more than 15,or if there
would be no more than 15 on the ultimate committee.
Councilmember Tharp stated her intent was that the ultimate committee would be no more than 15
members. She stated more names might be listed to give Council some choices.
Mayor Martinez asked if the Council would also be asked to submit names for consideration.
Councilmember Tharp replied in the affirmative.
Councilmember Hamrick stated he would support this.
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Councilmember Tharp asked if this needed to be stated by a formal motion. City Attorney Roy
stated this could be done by consensus if there was consensus. He suggested a vote in any case
where there was a division in opinion.
Councilmember Hamrick stated he would like clarification on Questions 3 and 4. He asked if
Councilmembers Weitkunat and Tharp would choose the pool of people and whether the Council
could select from outside of the pool.
Councilmember Kastein stated he would like to see Councilmembers Weitkunat and Tharp develop
the list with suggestions from Council and bring the list back to Council, and that Council either
accept or reject the list.
Councilmember Roy stated he did not agree because the intent was to create a committee that would
represent the entire community. He stated it was incumbent upon every Councilmember to be able
to participate in the construction of this committee.
Councilmember Tharp asked if Councilmembers would feel that they were able to participate in the
process if they were to give suggestions to her and Councilmember Weitkunat.
Councilmember Roy stated he would like to see a balanced representation of the different sectors
of the community so that the committee would not be"loaded"in any particular direction. He stated
he would like to see representation from the sectors of the community that made it"healthy"and that
there would be a broad range of individuals from within the sectors able to represent the entire
community. He stated he believed that the Council should make the final choice of the members of
the group.
Councilmember Tharp stated Council would be required to approve the list of 15 members. She
stated the Council could modify the list if it felt that a sector was left out.
Councilmember Roy stated he would like to be able to give input about the nominees and not just
about the finished list.
Councilmember Tharp suggested that she and Councilmember Weitkunat first identify the various
sectors to be represented. She stated when that list of sectors was final, names could be identified
for each sector and that Council would have an opportunity to approve the sectors and to contribute
names for each of the sectors.
Councilmember Weitkunat stated this was not a "game of political divisions" or "popularity
contests." She stated the intent was to build an economic plan that represented the community,
rather than to "build forces" on any particular side. She stated she wanted to find out where the
community was economically and how the Council could function to create a community where
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people had affordable housing and good paying jobs. She stated she believed that this could be
accomplished by finding expert people in the community who represented segments rather than
"political wills" of the community. She stated the goal was to determine what we are building as a
community and who the best people would be to do it. She stated people with"knowledge"should
be appointed to serve.
Councilmember Tharp stated she would see identifying the groups to be represented as step one. She
stated some of the choices would be made on the basis of who would be willing to serve. She
suggested proceeding with the identification of the groups to be represented.
Councilmember Kastein stated he trusted Councilmembers Weitkunat and Tharp to perform this
function. He stated he would prefer to have them submit a list of names to the Council by a specific
date. He stated all of the Councilmembers would be free to provide input regarding the sectors and
the names.
Mayor Martinez stated he agreed with Councilmember Kastein.
Councilmember Hamrick stated he did not have an issue with proceeding with identification of the
sectors and names. He stated the issue would be how to select from the pool of people.
Councilmember Kastein stated it was his suggestion that a pool of people not be created and that
Councilmembers Weitkunat and Tharp create "the" list. He stated the Council would have the
opportunity to make suggestions as to the composition of the list.
Councilmember Hamrick asked how this would relate to the current language of the Resolution.
City Attorney Roy stated language could be written to say that "the committee shall consist of no
more than 15 members,including alternate members,and shall be appointed by the Council no later
than the first meeting in February 2004, and shall be selected by the Council based upon a
recommended list of nominees to be submitted by Councilmembers Tharp and Weitkunat." He
stated this would leave room for the majority of Council to either accept the entire list as submitted
or to make proposed amendments.
Councilmember Hamrick stated he would support that language.
City Attorney Roy stated Question 4 asked about the inclusion of Councilmembers Tharp and
Weitkunat as prospective members of the committee.
Mayor Martinez stated he would support having the two Councilmembers serve on the committee.
Councilmember Roy stated he wanted to be able to have a participatory role in what the committee
would look like. He stated this would be a difficult list to amend once it was submitted to Council.
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He stated he would prefer to have an active role up front and to have full representation of each
Councilmember's district to be able to truly have a voice in a fundamental change in how business
was done in Fort Collins. He stated he had a concern on Question 4 that if the two Councilmembers
were picking the committee and also serving on the committee that they would be able to`weight"
the committee substantially more than any other Councilmember.
Councilmember Tharp asked what process Councilmember Roy would suggest.
Councilmember Roy stated the Council liaisons should have distinct roles either as liaisons to the
committee or as members of the committee. He stated the second option would underscore the need
for the rest of the Council to have a role in choosing the committee members.
Councilmember Tharp asked how the committee members should be selected.
Councilmember Roy stated he like the idea of each of the Councilmembers being able to select one
committee member. He stated if the liaisons could select the committee and serve on the committee
they would have votes that the other Councilmembers would not have.
Councilmember Weitkunat stated she did not understand what the fear was in this selection process.
She stated the issue appeared to be trust. She stated this would be a committee made up of a pool
of the community with knowledge, expertise and information which would identify economic
challenges and strengths. She questioned how that would not be representative of the community.
She stated the committee would not be making any decisions and would be bringing information
back to the Council to hopefully help the Council establish a plan. She stated what was needed was
a cross section of the best people in the community who had knowledge and information. She
expressed a concern that there was a lack of trust about what was being done. She stated
Councilmember Roy apparently did not trust the judgement,direction and strategies proposed when
this would be a matter of fact-finding and bringing information to the Council. She stated Council--
not the committee -- would have the final vote. She stated Councilmembers were needed on the
committee because they knew about City policy.
Councilmember Roy stated he was being honest regarding the options that had been presented. He
stated the end product was supposed to serve all of Fort Collins and that a template for the future was
being created along with a new way of doing business and a shift in policy for the City. He stated
this was supposed to be a fairly encompassing endeavor and as such was important enough to
warrant attention. He stated every Councilmember should have a direct say in what this would look
like. He stated he felt that it was important to have a voice in something that would supposedly
transform the way Fort Collins did business.
Councilmember Hamrick stated he understood that Councilmember Roy was talking about the
process. He stated the issue was how the committee members would be selected. He stated he saw
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no problem with Councilmembers Tharp and Weitkunat selecting the sectors and presenting those
to the Council. He stated all Councilmembers should have equal representation in selecting the
committee members. He suggested that each Councilmember have an equal number of"picks"for
the committee from the list.
Mayor Martinez suggested a motion on the process.
Councilmember Kastein asked if he could make a motion that would include the language suggested
by the City Attorney. City Attorney Roy stated the motion adopting the Resolution did not reflect
the changes discussed since the vote on the motion.
Councilmember Hamrick stated he had thought that the vote was on the friendly amendment.
Mayor Martinez suggested taking a recess and playing back the tape to clarify the vote and
discussion.
("Secretary's Note: The Council took a brief recess at this point.)
Councilmember Weitkunat made a motion, seconded by Councilmember Tharp, to continue as the
motion was passed and let the committee decide how to bring forth the other items.
Councilmember Roy asked the City Attorney for a summary of the action taken. City Attorney Roy
stated there was some confusion and that in listening to the tape,the vote that was taken was on the
original motion because the intervening amendment was a friendly amendment not requiring a vote.
He stated the Resolution was adopted with the one change in the duties of the committee. He stated
the question remained regarding whether the answers to Question 2,3 and 4 called for an amendment
to the Resolution as adopted. He stated the motion on the table assumed that no further amendments
to the Resolution were necessary and that Council would move ahead from this point with the
Resolution having been adopted.
Councilmember Roy asked if the Council had unanimously voted for this Resolution. City Attorney
Roy stated was correct and that it was unknown whether everyone agreed with that. He stated the
bottom line with all Council decisions(except emergency ordinances and votes to go into executive
session) was that a majority was sufficient to authorize any action of the Council. He stated a
majority of the Council could vote to rescind the Resolution.
Councilmember Kastein asked about the intent of the motion on the floor with regard to the list.
Councilmember Weitkunat stated it was her intent that the Council move forward on this issue and
trust her and Councilmember Tharp to come back with a list that would be a cross section of the
economic representatives of the community and the general public. She stated the list would be
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based on sectors and that it was hoped that Council would contribute names,sectors and information.
Councilmember Kastein stated he would like to see Councilmembers Tharp and Weitkunat bring
back a list of sectors and names that could be approved by the Council.
Councilmember Weitkunat stated that was her intent.
Councilmember Tharp stated she believed that was a good idea. She stated Council could make
amendments to the list that she and Councilmember Weitkunat would present.
Mayor Martinez stated Councilmembers could submit names and recommendations to
Councilmembers Tharp and Weitkunat.
Councilmember Hamrick asked the City Attorney to restate the motion. City Clerk Krajicek stated
the motion as she understood it was that Councilmembers Tharp and Weitkunat would move forward
to develop a list of sectors and names (rather than a pool of names) to be brought back for Council
approval, and that the Resolution had been adopted with changes to Section 2(a).
Councilmember Hamrick asked why this motion was needed procedurally if the motion had already
been passed.
Councilmember Weitkunat stated the motion was needed for clarity.
Mayor Martinez stated it was needed for clarity and direction.
Councilmember Hamrick stated it was not clear and asked that the motion be read back again. City
Clerk Krajicek stated her understanding of the motion was that the original Resolution was adopted
and that Councilmembers Tharp and Weitkunat should move forward with the direction of the
Resolution that was adopted with an amendment to Section 2(a) clarifying the duties and functions
of the committee, and incorporating the suggestion that a list of sectors and names (not a pool of
names)be brought back for Council approval.
Councilmember Hamrick stated he would like to see the committee select a chair and that was not
in the Resolution.
Mayor Martinez stated would be an issue separate from this motion.
Councilmember Roy suggested a friendly amendment to the motion that when the composition of
the committee was considered, each Councilmember would be able to pick one person from the
community at large to serve on the committee.
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January 6, 2004
Councilmember Weitkunat stated she would not accept that as a friendly amendment.
The vote on the motion was as follows: Yeas: Councilmembers Kastein, Martinez, Tharp and
Weitkunat. Nays: Councilmembers Hamrick and Roy.
THE MOTION CARRIED
Mayor Martinez encouraged the Council to submit names and sectors to help provide direction to
Councilmembers Tharp and Weitkunat.
Councilmember Hamrick made a motion,seconded by Councilmember Roy,that in carrying out its
work that the committee appoint a chair to help facilitate and coordinate the committee.
Councilmember Kastein supported the motion and suggested that Councilmembers Tharp and
Weitkunat not serve as the chair.
The vote on the motion was as follows: Yeas: Councilmembers Hamrick, Kastein, Martinez, Roy,
Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Kastein stated June 30 had been set for the report. He stated he would like an
intermediate date for a study session with Council in April for a progress report.
Mayor Martinez asked if progress reports could be given under Councilmember Reports at Council
meetings.
Councilmember Kastein stated he would like to have more opportunity for formal input.
Councilmember Tharp stated that sounded like a good idea. She stated an economic policy had
already been approved by the Council. She stated any changes to the policy would be considered
separately. She stated the intent was to develop an economic plan that would implement an existing
City policy.
Resolution 2004-005
Establishing a Budget Advisory Committee, Option A Adopted.
The following is staff s memorandum on this item.
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January 6, 2004
"Executive Summary
As staff and Council wrestle with the many issues related to reconciling resources with services and
facility demands, the Council has determined that a citizen budget committee would be beneficial.
Purpose of the Committee
The purpose of the proposed Budget Advisory Committee would be to assist the City Council in
considering the City Manager's recommended budget. Initially the Committee would work with staff
to review the proposed exceptions to the 2005 budget including the projected revenues and any
adjustments(increases or reductions)to proposed expenditures. The Committee's charge is to help
Council make the best possible decisions regarding the 2005 budget exceptions within the
framework of existing City policies and programs.
Term of the Committee
The Budget Advisory Committee would serve an initial term of one year. This will enable the
Committee to work with Council and staff on the 2005 Budget Exception Process and participate
in an assessment ofwhether or not the Budget Advisory Committee is to continue and, ifso, whether
any changes should be made to the Committee's purpose, structure, membership or term.
Composition of the Committee
There were several suggestions by members ofthe City Council regarding the size, composition and
selection of the Budget Advisory Committee. The suggested options are:
Option A - A committee ofseven(7)selected by the City Council—each Councilmember selects
one member of the Committee.
Option B- A committee ofnine(9)—seven would be appointed by the City Council (with each
Councilmember selecting one member) and two would be appointed by the City
Manager.
With either option a pool of names, suggested by Councilmembers and the City Manager, will be
prepared and distributed. As suggested by City Councilmembers, potential Budget Advisory
Committee members should have knowledge and experience in developing and administering
organizational budgets preferably large and multifaceted organizations.
Under Option A, each Councilmember will select a name from the pool to be a member of the
Budget Advisory Committee. If Option B is used, each Councilmember will select a member from
the pool and the City Manager would select two additional members from the pool.
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The membership of the Budget Advisory Committee will be confirmed by a Council Resolution no
later than February 17, 2004. "
City Manager Fischbach introduced the agenda item. He stated the purpose of the proposed Budget
Advisory Committee was to assist the City Council in considering the City Manager's recommended
budget. He stated the committee would work with staff to review the proposed exceptions to the
2005 budget, including the projected revenues and any adjustments, increases or reductions to
proposed expenditures. He stated the committee's charge was to help the Council make the best
possible decisions regarding the 2005 budget exceptions within the framework of existing City
policies and programs. He stated the committee's initial term would be one year. He described the
two options for composition of the committee.
Councilmember Kastein asked if the budget exception process existed only when there would be
unexpected revenue or shortfalls. City Manager Fischbach stated the budget and appropriation
ordinance had to be approved each year. He stated even if there were no changes,a budget exception
process would take place.
Councilmember Kastein asked if the task of the committee would be to evaluate the appropriation.
City Manager Fischbach replied in the affirmative.
Councilmember Kastein stated the goal of the committee was to understand the budget as a whole
and that the target would be that the committee would meet that goal by the next biennial budget
process. He asked if the Council agreed that the 2005 exception process would be a "trial run."
Councilmember Weitkunat stated this was an important point. She stated she was having difficulty
in determining the composition and that it was important that a start-up committee have capable
people who were willing to serve. She stated it was important to have a pool of people who would
have specific backgrounds and that she was not sure that seven or nine members would be sufficient.
She stated she would like to see a pool of names to ensure that accomplished people would be
selected.
Councilmember Tharp stated the City Manager had developed a pool of names for the Budget
committee and that he could identify the specific expertise of each individual. She suggested that
Councilmembers add names to the pool of names. She stated seven"bright people" should be able
to help the Council if they had expertise in dealing with similar budgets and tax money.
Councilmember Tharp made a motion, seconded by Councilmember Hamrick,to adopt Resolution
2004-005 (Option A -- a committee of seven with one selected by each City Councilmember).
Mayor Martinez asked if the names would come from the list developed by the City Manager.
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Councilmember Tharp stated Councilmembers could choose from that list or could select other
names.
Councilmember Kastein stated for the benefit of the public that this was establishment of a citizen
Budget Advisory Committee. He stated in the long term he would like to see an economic advisory
committee chosen by the Council to evaluate decisions to be made in terms of economics. He noted
that the Chamber of Commerce had developed a report on the economy and that this was the kind
of effort needed from a committee that was formally tasked with advising the City Council.
The vote on the motion was as follows: Yeas: Councilmembers Hamrick, Kastein, Martinez, Roy,
Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Other Business
Councilmember Kastein stated there should be no more than two retreats each year.
Councilmember Tharp stated it was hard to establish a date for a retreat and that it was a good idea
to have a number of tentative dates for retreats in the event one was needed.
Mayor Martinez agreed that dates should be kept in reserve for retreats.
Councilmember Roy stated he would like to have the retreat discussion on the shift in the City's
policy direction that took place when the City staff took the lead in the hiring of an economic
development consultant. He stated he had a concern with staff taking the lead on the fundamental
issue of how to go about the incentives to businesses. He asked that the Council discuss this issue
during the retreat because he felt that it was important for this direction to come from the Council
rather than the staff. City Manager Fischbach stated the staff was gathering information for
Councilmembers Tharp and Weitkunat to review as the economic committee. He stated staff s role
was to gather information.
Councilmember Roy stated a Loveland newspaper article indicated that "Fort Collins has hired
economic development consultant EPS to investigate a tax sharing agreement and other incentives
for Bayer Properties." He stated this indicated a fundamental shift in the City's policy and that the
Council would be put into the position of being "defensive" in the future about the issues of
incentives and other abilities to choose to aid companies with financial incentives. He stated this
kind of direction needed to come from the Council rather than the staff.
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Mayor Martinez asked if the newspaper reported what staff said. City Manager Fischbach stated
there was "some truth" to the newspaper article and that it reflected how the newspaper chose to
report the matter.
Mayor Martinez asked what staff said to the news media about the matter. City Manager Fischbach
stated his recollection was that staff was exploring different options that could be presented to the
City Council and the Council committee.
Councilmember Roy stated this underscored that staff was choosing a policy direction counter to
Council's direction. City Manager Fischbach stated staffwas looking at all options for consideration
by the Council, including incentives.
Councilmember Roy asked if the direction to look at the option of incentives came from the Council.
Councilmember Tharp stated the economic policy was that incentives would be explored on a case-
by-case basis.
Councilmember Kastein asked if staff was offering any kind of incentives to the developer. City
Manager Fischbach replied in the negative.
Councilmember Kastein stated it was entirely appropriate for the City Manager to propose options.
Councilmember Roy stated the newspaper indicated that without incentives Fort Collins would"fall
apart."
Councilmember Kastein stated the policy was that incentives would be evaluated on a case-by-case
basis.
Mayor Martinez stated the newspaper could have misinterpreted what was said by staff.
Councilmember Roy stated the policy intended that Council look at incentives on a case-by-case
basis and that the hiring of the consultant was a fundamental change. He stated the direction to hire
a consultant to look at incentives should have come from the Council rather than the staff.
Councilmember Hamrick stated Council should have had a discussion prior to the release to the
newspaper of information on the hiring of the consultant to look at incentives because they were
controversial.
Councilmember Hamrick stated City Plan would be discussed at the next study session and that it
would be good to have a concise matrix of the Council comments to allow comparisons in each area.
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Councilmember Tharp agreed with the idea and stated it would allow the Council to see what was
being proposed by each Councilmember.
Executive Session Authorized
Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adjourn into
Executive Session pursuant to Section 2-31(a)(2)ofthe City Code for the purpose of consulting with
the City Attorney regarding possible litigation and the manner in which certain policies and
regulations of the City may be affected by federal, state and local law. The vote on the motion was
as follows: Yeas: Councilmembers Hamrick,Kastein,Martinez,Roy,Tharp and Weitkunat. Nays:
None.
THE MOTION CARRIED
(*"Secretary's Note: The Council adjourned into Executive Session at 8:55 p.m. and reconvened
following the Executive Session at 9:35 p.m.)
Councilmember Hamrick supported changing the policy to tape Executive Sessions in their entirety,
including the portions of the sessions relating to attorney/client privilege. City Attorney Roy asked
if Councilmember Hamrick was suggesting a change in the Code, which permitted but did not
require Council to go off the record on those discussions, or if it was proposed that a formal policy
position be established regarding the implementation of the existing language.
Councilmember Hamrick stated he would like to see a change in how the existing language was
implemented.
Councilmember Tharp stated she would like to see the privileged conversations between the attorney
and the Council tape recorded. She cited the example of the School District which had problems
when the court had to look at its hand written minutes. She stated there was a problem of perception
when a portion of the meeting was not recorded and that this could put a"cloud"over what was done
in the Executive Session.
Mayor Martinez stated the School District's situation had a number of problems.
Councilmember Tharp suggested "erring on the side of having the tape"because the first level of
disclosure was before a judge rather than the public.
Mayor Martinez asked if the judge would have to hear the tape first in the event of a challenge. City
Attorney Roy replied in the affirmative. He stated one reality to take into consideration was that one
judge might think that a portion of an Executive Session discussion should be disclosed and that the
statute was not clear regarding whether the judge could order the disclosure forthwith or must give
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an opportunity for appeals. He stated judges could be overturned and that the concern was the
possibility of a judge making a difficult call one way and allowing disclosures that could be
prejudicial to the interests of the City and then finding out later on appeal that the disclosure need
not have been made. He stated this was probably the reason for the exception in the state and local
law.
Mayor Martinez noted that only two Councilmembers expressed an interest in the change.
Councilmember Kastein stated he would like to see direction to the City Manager to change the
administrative regulation relating to the smoking ordinance.
City Attorney Roy stated a recent revision to the smoking ordinance required private clubs to be
nonprofit and owned and operated by the members to be exempt from the smoking ban. He stated
he understood that the suggestion was to eliminate that requirement so that an establishment could
constitute a private club whether it was for-profit or nonprofit.
Councilmember Kastein stated was his intent.
Councilmember Kastein made a motion, seconded by Councilmember Tharp, to direct the City
Manager to revise the administrative regulations relating to the smoking ordinance to eliminate the
requirement that private clubs be nonprofit.
Councilmember Hamrick stated he did not agree with the change. He stated there was a big
distinction between profit and nonprofit and that one of the reasons the smoking ordinance was
implemented was to reduce smoking in Fort Collins. He stated there was an issue of equity and that
this could cause private clubs for profit to "sprout." He stated this would the smaller bars and
restaurants at an economic disadvantage. He stated he would not support the motion.
Councilmember Kastein stated he was going to follow-up with a suggestion that Council consider
an ordinance.
Councilmember Weitkunat stated it was important to follow-up on inconsistencies in definitions.
The vote on the motion was as follows: Yeas: Councilmembers Hamrick, Kastein, Martinez, Roy,
Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Kastein asked for support from the Council to ask staff to bring back an amendment
to the smoking ordinance to reflect the language in the administrative regulations with regard to the
definition of private clubs and how the regulations should be applied.
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Councilmember Hamrick supported this direction.
City Attorney Roy asked if the intent was that a decision would be made in the ordinance regarding
whether private clubs were meant to be either nonprofit or for-profit.
Councilmember Kastein stated was his intent.
Mayor Martinez asked when this ordinance would be brought forward. City Attorney Roy stated this
could be brought back as early as the January 20 agenda.
Mayor Martinez expressed a concern that the community receive adequate notice.
Councilmember Roy stated the word would spread quickly on the issue now that there had been
public discussion.
Mayor Martinez stated it was important to have sufficient public outreach. He stated bars were
waiting to take advantage of the"loophole." He stated the normal public outreach should take place
on this ordinance.
Councilmember Tharp stated the overall issue was not being reopened.
Mayor Martinez stated this was a sensitive issue to the public. City Manager Fischbach stated the
normal outreach was an open house and discussion, notification of the bars and clubs, and two or
more discussion sessions.
Mayor Martinez spoke in favor of having the normal outreach.
Councilmember Hamrick stated this would affirm and codify the administrative rules and that this
would not be a major change. He stated he did not see a need for the normal outreach process.
Mayor Martinez expressed a concern that the normal process be followed. City Manager Fischbach
stated on a change such as this that there was no process.
City Attorney Roy requested clarification regarding the direction.
Councilmember Kastein stated the direction was to bring forward an ordinance. He suggested that
it should be scheduled in a month. City Attorney Roy stated it would be scheduled for the first
meeting in February.
Mayor Martinez asked if the bar owners would be notified. City Manager Fischbach stated that
would be done.
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January 6, 2004
Adjournment
The meeting adjourned at 9:50 p.m.
Mayor
ATTEST:
City Clerk
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January 20, 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,January 20,2004,
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, Roy, Tharp and Weitkunat.
Councilmembers Absent: Martinez.
Staff Members Present: Fischbach, Krajicek, Roy.
("Secretary's Note: Mayor Pro Tern Bertschy chaired the meeting.)
Annual Report
City Manager Fischbach showed a 14 minute video presenting the 2003 Annual Report for the City.
Mayor Pro Tern Bertschy thanked the staff for an excellent presentation.
Citizen Participation
Joe Rowan, Loan Programs Manager for Funding Partners for Housing Solutions, spoke regarding
the purpose and accomplishments of Funding Partners.
Don Sunland, chair of the Cultural Diversity and Anti-racism Task Force of Foothills Unitarian
Church,stated racism must be actively opposed. He stated the task force was distributing"Eracism"
bumper stickers and had started a film series. He urged the Council to take every opportunity to
actively oppose racism. He stated the task force voted to support the proposed human rights
protection ordinance.
Roberto Valdez, Fort Collins resident, supported a human rights protection ordinance. He spoke
regarding the contributions of documented and undocumented immigrants to this country. He also
spoke regarding the need to look at health care and corporate fraud issues in this country.
Nicole Salamander,social worker,spoke regarding the need for a human rights protection ordinance
and responded to a Coloradoan soapbox article that addressed illegal immigrants. She stated the
issue was how immigrants would be treated and how their human rights should be protected. She
spoke regarding her experiences in working with illegal immigrants.
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David Lauer, 1404 Robertson,asked Council to live up to the precedents set by Resolution 2001-117
and 2003-039 which committed the City to high standards in its tolerance for minorities and the
protection of civil rights for all. He stated the 2003 Resolution stated the City would oppose any
federal, state or local measures that would infringe upon civil rights and liberties or single out
individuals for legal scrutiny or enforcement activities based solely on country of origin, religion,
ethnicity or immigration status. He asked that Council adopt a human rights protection ordinance.
Paul Dame,Fort Collins resident, spoke in support of a human rights protection ordinance to protect
everyone from harassment.
Socorro (last name unstated), assisted by an interpreter, stated she was speaking on behalf of
immigrants who were afraid to come to the meeting. She stated immigrants contributed to the Fort
Collins economy and should be seen with compassion.
Miriah Bowak, business owner and City employee, stated the keynote speaker for Martin Luther
Kind Day challenged Fort Collins to be place for all people and an inclusive community. She asked
the Council to pass a human rights protection ordinance.
Jennifer Pacheco spoke in support of a human rights protection ordinance to include all in the City's
vision for the future. She stated undocumented workers contributed to the economy and that all
people should be treated equally. She stated undocumented workers lived in fear of being picked
up by Immigration.
John Kefalas, 604 Sycamore Street, asked that Council support the human rights protection
ordinance. He stated all people had worth and deserved dignity. He stated adopting an ordinance
would send a message to the federal government that this community does not agree with policies
such as the Clear Act.
Kelly Ohlson,2040 Bennington Circle,spokeregarding Loveland Citypolicies and actions regarding
incentives to private developers. He stated such policies and actions were irresponsible. He stated
Loveland used urban renewal statutes to declare vacant agricultural land urban blight and asked that
Fort Collins not follow the Loveland model. He asked that the City be careful in its consideration
of a strip mall on Harmony Road and suggested that the Council give more consideration to costs
instead of revenues in budget deliberations. He questioned the process being followed in the City
Manager's negotiations regarding incentives with the strip mall developer and stated he did not recall
that the Council had ever given that direction. He asked if those negotiations were taking place as
reported in the newspaper.
Citizen Participation Follow-up
Mayor Pro Tern Bertschy thanked those who spoke.
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Councilmember Hamrick thanked those who spoke about the human rights protection ordinance.
He stated Council was looking at the ordinance and had scheduled a study session on January 27 to
have a discussion with the Human Relations Commission on that issue and other issues. He asked
the City Manager if anyone from the City had been negotiating with Bayer Industries regarding
possible tax subsidies. City Manager Fischbach replied in the affirmative and stated staff was
following the policy set forth by the Council. He stated decisions were not being made because
anything that was negotiated would be presented to the City Council for consideration.
Councilmember Hamrick expressed a concern that no direction had been given by the Council to
negotiate. He stated he had questions about the process and that there should have been a Council
discussion on the negotiations before they took place.
Councilmember Roy stated he agreed with Councilmember Hamrick's concern about the
negotiations with Bayer on incentives. He stated the treatment of incentives was a core policy issue
and that if the negotiations "went full cycle" that it would put the Council in a position of reacting
and that this would be a different position than would be the case if the Council was "driving"the
discussion on incentives.
Councilmember Weitkunat stated the information on this issue was incomplete and that she had
questions about the terminology being used regarding"negotiations" and "incentives." She stated
at this point there was third party hearsay and guessing. She stated she would be comfortable talking
about the issue and cautioned that there not be an overreaction to what was happening in Loveland.
She stated she would prefer talking about the matter when more data and information was available.
Councilmember Kastein suggested discussing the issue under Other Business. He stated the Council
planned to talk about the human rights protection ordinance at a study session and that the Council
would give direction to the staff on whether to bring forward such an ordinance.
Councilmember Tharp agreed that the issue of negotiations with Bayer should be discussed under
Other Business. She stated she was pleased that Mr. Lauer read from the City's existing Resolutions
about the City's position on harassment. She stated this called attention to the fact that the City
already had provisions on the books regarding the matter. She stated there two issues that should
be dealt with separately: the issue of illegal immigrants and the role of the police under the not-yet-
passed Clear Act and the issue of a human rights ordinance that would reaffirm the treatment of
people in general.
Councilmember Roy stated the City did not have a policy to protect people from racial profiling.
She stated the Council needed to come forward as a group to give people the worth and dignity they
deserved through the comfort of law.
Mayor Pro Tern Bertschy stated the Council would be discussing the human rights protection
ordinance at the next study session. He stated he and the Mayor had requested some clarifications
from the City Attorney regarding the state law on racial profiling and other ways to affirm the human
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rights provisions that were already in place. He stated Council would be provided with additional
information prior to the Study Session.
Agenda Review
City Manager Fischbach stated item #8 Second Reading of Ordinance No. 174, 2003, Continuing
a Temporary Manufacturing Equipment Use Tax Rebate Program for Fort Collins Manufacturers
would be pulled from the Consent Calendar for discussion
Dr. Steven Schaefer requested that item#29 Resolution 2004-012 Finding Substantial Compliance
and Initiating Annexation Proceedings.for Such Property to be Known as the Adrian Annexation be
pulled from the Consent Calendar.
Councilmember Tharp withdrew item#I I Second Reading of Ordinance No. 003, 2004,Amending
the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain
Property Known as the East Ridge Rezoning from the Consent Calendar.
CONSENT CALENDAR
7. Consideration and Approval of the Council Meeting Minutes ofNovember4 and November
18 2003.
8. Second Reading of Ordinance No. 174, 2003 Continuing a Temporary Manufacturing
Equipment Use Tax Rebate Program for Fort Collins Manufacturers
In March 1996, City Council approved a temporary rebate program for use tax paid on
manufacturing equipment. The goal of the program was to maintain the local economic base
by providing modest tax relief to manufacturing concerns located in Fort Collins. The
program has provided rebates to manufacturers for taxes paid during the calendar years 1996
through 2001. The rebate program was discontinued for calendar year 2002 due to economic
conditions. Staff is proposing that the program be reinstated for 2003 and 2004, so that
rebates may be made of taxes received by the City during those two years.
Payments are made in arrears. This is a "rebate" of tax paid in the previous year. It is not
a tax exemption. If approved for calendar years 2003 and 2004,staff will ask manufacturing
companies to submit applications by late March of each year—as prescribed in the program.
Rebates will be paid upon review of the applications. Historically, many of the companies
have requested extensions to file at an even later date. Modifications were last made to the
program in 1999 to reflect several requests made by the manufacturing community.
Ordinance No. 174,2003,was unanimously adopted on First Reading on December 2,2003.
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9. Second Reading of Ordinance No. 001 2004 Appropriating Prior Year Reserves in the
Street Oversizing Fund and Authorizing the Transfer of Appropriated Amounts to Be Used
to Construct Improvements on Ziegler Road from Timberwood Drive, South to Kechter
Road.
With the construction of the Fossil Ridge High School, arterial street improvements are
planned for Zeigler Road adjacent to the school property. Parks and Recreation owns the
Southeast Community Park site adjacent to Zeigler Road immediately south of the high
school site.Hewlett Packard owns an undeveloped site adjacent to Zeigler Road immediately
north of the high school. Staff has worked with these property owners in an effort to
complete this portion of Zeigler Road between Harmony and Kechter. The property owners
have combined to improve Zeigler Road to a minor arterial from Timberwood Drive south
to Kechter Road. Combining the roadway construction into one project will save costs for
all property owners due to economies of scale and complete an important segment of
roadway which will provide primary access to the new Fossil Ridge High School opening
in the fall of 2004. Ordinance No. 001, 2004, was adopted 6-0 (Councilmember Bertschy
was absent) on First Reading on January 6,2004.
10. Second Reading of Ordinance No.002,2004,Amending Chapter 17 of the City Code by the
Addition of New Section 17-45 to Make it Unlawful for Any Person to Damage or Destroy
Public Improvements in Public Rights-of-Way Unless Authorized or Permitted to Do So in
Accordance with Law.
Ordinance No. 002,2004,which was adopted 6-0(Councilmember Bertschy was absent)on
First Reading on January 6, 2004, amends Chapter 17 of the City Code adding language to
state that no person shall do any act in the public right-of-way that will deface or cause
damage to public street improvements unless they are permitted to do so in accordance with
law. Along with this change the City Engineer's authority would be expanded to prevent
damage to public street improvements that are caused by non-permitted contractors,suppliers
and other parties causing damage to streets and related facilities by their activities. This
authority would be exercised through the Engineering Construction Inspectors, who are
currently sworn officials, similar to Building Inspectors. Engineering Construction
Inspectors, as well as Police Officers, would then be able to enforce City Code provisions
that make it unlawful to damage public improvements in the public rights-of-way.
11. Second Reading of Ordinance No. 003,2004,Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the East
Ridge Rezoning.
Ordinance No.003,2004,which was adopted 6-0(Councilmember Bertschy was absent)on
First Reading on January 6,2004, rezones 159 acres of land located east of Timberline Road
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January 20, 2004
and south of East Vine Drive from T-Transition to the LMN — Low Density Mixed-Use
Neighborhood district.
12. Second Reading of Ordinance No. 004,2004,Approving and Authorizing the Execution and
Delivery of a First Amendment to the Trust Indenture Relating to the City of Fort Collins
Colorado, Multifamily Housing Revenue Bonds, Series 1997 (the Bull Run Townhomes
Project); and Authorizing the Preparation and Execution of Related Documents.
As one of its tools to facilitate the development of affordable housing, the City of Fort
Collins occasionally issues private activitybonds on behalf of qualified projects. The interest
on the bonds is not subject to income taxation. Therefore the rates are lower than taxable
market rates. This allows a portion of the units in a qualified project to pay lower rents. To
become qualified,the project must rent the housing units to individuals or families that meet
low- or moderate-income guidelines. The City issued bonds for the Bull Run Townhomes
Project in 1997.
The changes to the Trust Indenture were requested by AIG Retirement Services, Inc. AIG
provides financial security for the 1997 bonds. The changes include a different means by
which to calculate the interest on the bonds and a change in the repayment schedule to lower
the annual payments. Ordinance No.004,2004,was adopted 6-0(Councilmember Bertschy
was absent) on First Reading on January 6, 2004•
13. Second Reading of Ordinance No.005,2004,Approving and Authorizing the Execution and
Delivery of a First Amendment to the Trust Indenture Relating to the City of Fort Collins
Colorado,Multifamily Housing Revenue Bonds, Series 1998(the Country Ranch II Limited
Partnership Project);and Authorizing the Preparation and Execution of Related Documents
As one of its tools to facilitate the development of affordable housing, the City of Fort
Collins occasionally issues private activity bonds on behalf ofqualified projects. Theinterest
on the bonds is not subject to income taxation. Therefore the rates are lower than taxable
market rates. This allows a portion of the units in a qualified project to pay lower rents. To
become qualified,the project must rent the housing units to individuals or families that meet
low- or moderate-income guidelines. The City issued bonds for the Country Ranch II
Limited Partnership Project in 1998.
The changes to the Trust Indenture were requested by AIG Retirement Services, Inc. AIG
provides financial security for the 1998 private activity bonds. The changes include a
different means by which to calculate the interest on the bonds and a change in the repayment
schedule to lower the annual payments. Ordinance No. 005, 2004, was adopted 6-0
(Councilmember Bertschy was absent) on First Reading on January 6, 2004•
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January 20, 2004
14. Second Reading of Ordinance No. 006, 2004, Authorizing the Grant of a Non-exclusive
Easement to Owest Corporation Across City-owned Property in Avery Park.
This easement is located within Avery Park near the intersection of South Taft Hill Road and
Clear-view Avenue. The easement area will be used for a telecommunication cabinet to
provide DSL service to the community. Ordinance No. 006, 2004, was adopted 6-0
(Councilmember Bertschy was absent) on First Reading on January 6, 2004.
15. Second Reading of Ordinance No. 007,2004,Authorizing the Exchange of a City Property
for a Parcel of Land Adjacent to Kingfisher Natural Area and Appropriating the Value of the
Partial Donation of the Property to Be Acquired.
Ordinance No.007,2004,which was adopted 6-0(Councilmember Bertschy was absent)on
First Reading on January 6,2004,authorizes a land exchange with William C. and Maureen
D. Stockover.
16. First Reading of Ordinance No. 008, 2004, Appropriating Unanticipated Revenue into a
Proiect Account for the Design of Improvements to South Taft Hill Road Between
Horsetooth Road and Harmony Road (CR-38E).
The City of Fort Collins Engineering Department has received a total of$300,000 from
Larimer County's Regional Road Capital Expansion Fee Program. Under this program,the
County collects a fee from building permits issued within unincorporated Larimer County
and the City of Fort Collins. This impact fee program was initiated by Larimer County in
1999, and adopted by the City of Fort Collins in February of 2000. Taft Hill Road(County
Road 19)between Fort Collins and Loveland is identified as one of five regional roads in the
Larimer County Transportation Plan dated 1998. Larimer County has selected this segment
of South Taft Hill Road (Horsetooth to Harmony) from among the five eligible regional
roads for use of these funds. This project will design this section of South Taft Hill Road for
the ultimate four-lane urban arterial street section. At the request of the County,a design for
a potential interim three-lane arterial street section will also be produced.
17. Items Relating to the North College Improvements.
A. Resolution 2004-007 Authorizing the Mayor to Enter into a Contract Funding
Increase Approval Letter with the Colorado Department of Transportation for the
Construction of the North College Avenue Corridor Improvements, Phase I.
B. First Reading of Ordinance No. 009, 2004, Appropriating Unanticipated Revenue
in the Building Community Choices Capital Projects Fund-North College Avenue
Corridor Improvements, Phase I.
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The North College Avenue Corridor Improvement project covers an area on
Riverside/Jefferson from Mulberry to College and on North College Avenue from Jefferson
to north of Cherry Street. The project is managed by City of Fort Collins Transportation
Services and is funded by a combination of sources including the City's 1997 Building
Community Choices funds, Colorado Department of Transportation (CDOT) resurfacing
funds,Federal Congestion Mitigation and Air Quality(CMAQ) funds, and Federal Surface
Transportation Program (STP) funds.
The goals of the project include the addition of pedestrian and bicycle facilities,installation
of drainage, access and landscaping improvements, and reconstruction of the roadway
surface with concrete paving on North College Avenue between Jefferson and Cherry Street.
Also incorporated in the project are roadway resurfacing improvements on
Jefferson/Riverside between College Avenue and Mulberry Street, including the
Riverside/Mulberry intersection.
18. First Reading of Ordinance No. 010, 2004 Appropriating Unanticipated Grant Revenue in
the General Fund for the Police Services Victim Services Team
The Fort Collins Police Services Victim Services Team has been awarded an 18-month grant
in the amount of$36,800 for the period of January 1, 2004 through June 30, 2005, by the
Eighth Judicial District Victims and Law Enforcement (V.A.L.E.) Board to help fund
services provided by this team. These funds will be used for a part-time paid victim advocate
who provides crisis intervention services during weekday hours and is housed in the Victim
Services Office. These funds will also pay for some of the operational expenses needed to
provide 24-hour a day, 7-day a week services to victims of crime in our community.
Previous V.A.L.E. grant awards received were $19,500 in 1998, and $19,000 for each year
from 1999 through 2003. This particular grant was changed to an 18-month cycle, and will
then run from July I through June 30 in future years.
19. First Reading of Ordinance No. 011 2004 Appropriating Unanticipated Grant Revenue
in the General Fund for the Police Services Drunk Driving Enforcement Program
On November 18,2003,City Council approved Resolution 2003-125 authorizing the Mayor
to enter into a Law Enforcement Assistance Fund (L.E.A.F.) Contract, #L-24-04, with the
Colorado Department of Transportation to provide funds for the Fort Collins Police Services
Drunk Driving Enforcement Program. This Ordinance appropriates the grant funds.
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20. First Reading of an Ordinance No. 012, 2004, Appropriating Unanticipated Revenue in the
General Fund for Police Services for the State Homeland Security Program.
Fort Collins Police Services has been awarded a grant(one of the seven cooperating agencies
in Larimer County) from the State Homeland Security Program. Fort Collins Police
Services has been awarded 5259,550 to purchase:
• Bomb detection, disarming, and protective equipment
• Hazmat suits and breathing equipment
• Communications equipment, and an
• Equipment storage trailer
In coordination with other area law enforcement, fire, and health agencies, Fort Collins
Police Services equipment will provide a higher level of safety for officers that respond to
bomb calls or to incidents where biological or chemical may be present.
21. First Reading Ordinance No. 013, 2004, Amending Section 8-106 of the City Code
Concerning the Payment of Covered Expenses.
The City Attorney and Risk Management staffs have been reviewing the existing self-
insurance program. Expenses which relate to loss prevention activities of the City are not
specifically listed in the Code. The proposed Code amendment clarifies that the payment of
expenses relating to loss prevention activities are allowed.
22. First Reading of Ordinance No. 014, 2004, Desi ng ating the Garnick House 516 South
Meldrum Street,Fort Collins. Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the City Code.
The American Foursquare design gained popularity at the turn of the twentieth century. The
Foursquare style was relatively short lived, lasting from 1900 to about 1920. The style
became popular for several reasons. First, the ease of design and lack of ornamentation
represented a reaction to Victorian elements of design popular before the early 1900s.
Second,the Foursquare was indicative of the growth of working and middle class sectors in
the United States. The American middle class was beginning to emerge in the early
twentieth century, and the Foursquare design appealed to new home buyers as a way to get
the most value for their space. Cheap to build, the American Foursquare became one of the
most common housing styles found in Colorado after 1900, and is a classic example of the
pre World War One housing boom that the United States experienced in the early twentieth
century.
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23. First Reading of Ordinance No.015,2004,Authorizing the Grant of a Correction Sewerline
Easement to Boxelder Sanitation District in Exchange for the Vacation of Part of an Existing
Easement.
In 1973 Riverbend Farms, Inc. granted a perpetual sewer line easement to Boxelder
Sanitation District along East Prospect Road.Boxelder subsequently installed the sewer line
outside the easement area in some locations. The City of Fort Collins has since purchased
the parcels the sewer line crosses for the Riverbend Ponds (1988 and 1998) and Running
Deer (2000) Natural Areas. The District is requesting that the City grant a correction
easement to reflect the area where the sewer line was actually installed and has agreed to
vacate that part of the original easement no longer needed by the District in view of the actual
location of the sewer line. This correction benefits the City in that the new easement will
accurately describe the location of the sewer line and language specific to the natural areas
and agreeable to both parties can be included in the new easement agreement.
24. First Reading of Ordinance No. 016, 2004, Authorizing the City to Grant a Permanent
Easement to Paradigm Properties. LLC on the Resource Recovery Farm
Paradigm Properties LLC, owner of a 12.75 acre tract of land at the southeast comer of the
intersection of I-25 and Prospect Road,also known as 1800 SE Frontage Road,has requested
a permanent, nonexclusive storm drainage easement across the Resource Recovery Farm
located at the Southwest comer of the intersection. The easement is needed for a proposed
development of a commercial mixed use project on Paradigm's property. The conceptual
plan shows five detention ponds amid pad sites which will release surface water runoff to the
southwest portion of the tract. A culvert running under 1-25 and proceeding into an open
ditch area adjacent and running parallel to I-25 allows the flow to enter a 24-inch pipe that
runs southwesterly across the Resource Recovery Farm forming a holding pond at
approximately the center of the easement distance. There is a release valve at the
southwestern comer of the pond that diverts the flow at an historic flow rate of 1.36 CFS.
The flow continues to a 36-inch culvert that deposits the water into a wetland area at the
western edge of the parcel and subsequently into the Boxelder Creek.
25. Resolution 2004-008 Authorizing the City Manager to Grant a Revocable Permit to Hewlett
Packard for Fiber Optic Line.
OnFiber has requested a revocable permit for installation and maintenance of fiber optic
conduit in the Harmony Road and Ziegler Road rights-of-way. These facilities will serve the
Agilent/Hewlett-Packard complex adjacent to that intersection. City staff has reviewed the
plans and specifications for these improvements, and has concluded that the improvements
will not result in adverse impacts to the rights-of-way. OnFiber will also be required to
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obtain approval of the Colorado Department of Transportation for the location under
Harmony Road as a condition of the revocable permit.
26. Resolution 2004-009 Authorizingt he City Manager to Grant a Revocable Permit to Poudre
School District for Fiber Optic Line.
Poudre School District has requested a revocable permit for a fiber optic duct bank and a
revocable permit for an irrigation water pipe,both in the Kechter Road right-of-way. These
facilities will serve the new Fossil Ridge High School and Zach Elementary School. City
staff has reviewed the plans and specifications for these improvements, and has concluded
that the improvements will not result in adverse impacts to the right-of-way. The District
will be responsible for maintenance of the irrigation pipe.
27. Resolution 2004-010 Authorizing the Lease of City-Owned Property at 945 East Prospect
Road for Up to Two Years.
The City purchased this house and lot as part of the Prospect/Lemay Choices`95 Intersection
Improvement Project. This house will be affected by the right-tum lane that is to be added
turning south on Lemay Avenue from Prospect Road. Construction of this right-tum lane
has been delayed due to negotiations with the Texaco station on the corner. The construction
of this right-turn lane can be accomplished at a more affordable price if it can be constructed
at the same time as the corner redevelops. Rite-Aid and Walgreen's have both submitted
plans for this area; however, redevelopment costs have been too high to make their
developments viable. As a result,it is staff s recommendation to continue renting this house,
having the Tenant responsible for utilities and site clean-up, until a redevelopment plan is
approved for this area or until the vehicle count mandates the construction of the turn lane
due to an unacceptable service level.
28. Resolution 2004-011 Finding Substantial Complianceand Initiating Annexation Proceedings
for Such Property to be Known as the Harmony Farm Second Annexation
The Harmony Farm Second Annexation consists of approximately 5.0 acres of privately
owned property. The Annexation is an enclave located south of Harmony Road and east of
Cambridge Avenue. The recommended zoning is the LMN zone district.
29. Resolution 2004-012 Finding Substantial Complianceand Initiating Annexation Proceedinizs
for Such Property to be Known as the Adrian Annexation
The applicant, M. Torgerson Architects, on behalf of the property owners, John and Julie
Adrian, has submitted a written petition requesting annexation of 2.18 acres located at the
southeast corner of West Vine Drive and Impala Drive. The property is north of Laporte
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Avenue,west of North Taft Hill Road,and east ofNorth Overland Trail. It is currently being
used as an existing single-family residence (with house and horse barn). The requested
zoning for this annexation is LMN — Low Density Mixed-Use Neighborhood. The
surrounding properties are zoned LMN -Low Density Mixed Use Neighborhood in the City
to the north, FA—Farming in Larimer County to the east, FA—Farming in Larimer County
to the west, and FA —Farming in Larimer County to the south.
The proposed Resolution makes a finding that the petition substantially complies with the
Municipal Annexation Act, determines that a hearing should be established regarding the
annexation, and directs that notice be given of the hearing. The hearing will be held at the
time of first reading of the annexation and zoning ordinances. Not less than thirty days of
prior notice is required by State law.
30. Routine Easements.
A. Deed of dedication for easement from Front Range Limited Partnership, for a slope
easement on College Avenue, located on the northwest comer of Trilby Road and
College Avenue. Monetary consideration: $10. Staff: Sheri Wamhoff.
B. Deed of dedication for easement from Front Range Limited Partnership, for a
drainage easement, located on the northwest comer of Trilby Road and College
Avenue. Monetary consideration: $10. Staff: Sheri Wamhoff.
C. Deed of dedication for easement from Front Range Limited Partnership, for a slope
easement on Trilby Road, located on the northwest comer of Trilby Road and
College Avenue. Monetary consideration: $10. Staff: Sheri Wamhoff.
D. Pedestrian Sidewalk Easement from Boston Colorado, Inc., dba Aspen Leaf
Apartments,located at 3501 Stover Street. Monetary consideration: $0. Staff:Alice
Faye Richardson.
E. Deed of Dedication for Right-of-Way,from the Board of Governors of the Colorado
State University System, for public street purposes, located at Centre Avenue and
Prospect Street. Monetary consideration: $10. Staff: Came Daggett.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
8. Second Reading of Ordinance No. 174, 2003 Continuing a Temporary Manufacturing
Equipment Use Tax Rebate Program for Fort Collins Manufacturers
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January 20, 2004
9. Second Reading of Ordinance No. 001 2004 Appropriating Prior Year Reserves in the
Street Oversizing Fund and Authorizing the Transfer of Appropriated Amounts to Be Used
to Construct Improvements on Ziegler Road from Timberwood Drive South to Kechter
Road.
10. Second Reading of Ordinance No. 002,2004 Amending Chapter 17 of the City Code by the
Addition of a New Section 17-45 to Make it Unlawful for Any Person to Damage or Destroy
Public Improvements in Public Rights-of-Way Unless Authorized or Permitted to Do So in
Accordance with Law.
11. Second Reading of Ordinance No. 003,2004,Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the East
Ridge Rezoning
12. Second Readine of Ordinance No. 004 2004 Approving and Authorizing the Execution and
Delivery of a First Amendment to the Trust Indenture Relating to the City of Fort Collins
Colorado, Multifamily Housing Revenue Bonds, Series 1997 (the Bull Run Townhomes
Proiect): and Authorizing the Preparation and Execution of Related Documents
13. Second Reading of Ordinance No.005,2004,Approving and Authorizing the Execution and
Delivery of a First Amendment to the Trust Indenture Relating to the City of Fort Collins
Colorado,Multifamily Housing Revenue Bonds Series 1998(the Country Ranch 11 Limited
Partnership Proicct)• and Authorizing the Preparation and Execution of Related Documents.
14. Second Reading of Ordinance No 006, 2004 Authorizing the Grant of a Non-exclusive
Easement to Owest Comoration Across City-owned Property in Avery Park
15. Second Reading of Ordinance No. 007,2004 Authorizing the Exchange of a City Property
for a Parcel of Land Adjacent to Kingfisher Natural Area and Appropriating the Value of the
Partial Donation of the Property to Be Acquired
34. Second Reading of Ordinance No. 178, 2003 Imposing a Moratorium upon the Acceptance
of Applications for the Approval of Development Plans and/or the Issuance of Building
Permits for Dwellings Constructed on the Rear Portion of Lots Located Within the N-C-L
Neighborhood Conservation Low Density N-C-M Neighborhood Conservation Medium
Density, and the N-C-B Neigbborhood Conservation Buffer Zone Districts.
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January 20, 2004
Ordinances on First Reading were read by title by City Clerk Krajicek.
16. First Reading of Ordinance No. 008, 2004, Appropriating Unanticipated Revenue into a
Proiect Account for the Design of Improvements to South Taft Hill Road, Between
Horsetooth Road and Harmony Road (CR-38E).
17. First Reading of Ordinance No. 009, 2004, Appropriating Unanticipated Revenue in the
Building Community Choices Capital Proiects Fund- North College Avenue Corridor
Improvements, Phase I.
18. First Reading of Ordinance No. 010, 2004, Appropriating Unanticipated Grant Revenue in
the General Fund for the Police Services Victim Services Team.
19. First Reading of Ordinance No. 011, 2004,Appropriating Unanticipated Grant Revenue in
the General Fund for the Police Services Drunk Driving Enforcement Program.
20. First Reading of an Ordinance No. 012,2004, Appropriating Unanticipated Revenue in the
General Fund for Police Services for the State Homeland Security Program.
21. First Reading Ordinance No. 013, 2004, Amending Section 8-106 of the City Code
Concerning the Payment of Covered Expenses.
22. First Reading of Ordinance No. 014, 2004, Designating the Gamick House 516 South
Meldrum Street,Fort Collins.Colorado,as a Fort Collins Landmark Pursuant to Chapter 14
of the City Code.
23. First Reading of Ordinance No.015,2004,Authorizing the Grant of a Correction Sewerline
Easement to Boxelder Sanitation District in Exchange for the Vacation of Part of an Existing
Easement.
24. First Reading of Ordinance No. 016, 2004, Authorizing the City to Grant a Permanent
Easement to Paradigm Properties. LLC on the Resource Recovery Farm
Councilmember Weitkunat made a motion, seconded by Councilmember Hamrick, to adopt and
approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows:
Yeas: Councilmembers Bertschy, Hamrick, Kastein, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
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January 20, 2004
Consent Calendar Follow-up
Councilmember Kastein spoke regarding item #17 First Reading of Ordinance No. 009, 2004,
Appropriating Unanticipated Revenue in the Building Community Choices Capital Projects Fund-
North College Avenue Corridor Improvements, Phase I. He asked for a project schedule for both
items. City Manager Fischbach stated a North College project schedule was sent out by e-mail
weekly and that it would be updated and sent out again.
Councilmember Kastein spoke regarding item #20 First Reading of an Ordinance No. 012, 2004,
Appropriating Unanticipated Revenue in the General Fund.for Police Services for the State
Homeland Security Program and asked if the City wrote a grant proposal for the grant from the State
or if the City was part of a larger group. City Manager Fischbach stated the City was part of a larger
consortium with Poudre Fire Authority, City of Loveland, City of Greeley, Larimer County, and
Weld County. He stated the City's share was $259,000 and that there was no local match.
Staff Reports
City Manager Fischbach reported on the Home Run Program for people who worked part time while
receiving tutoring to take the GED test. He stated Anita Gomez worked part time at Natural
Resources since February and had received her GED. He noted that Susie Gordon had tutored Ms.
Gomez on her own time. He congratulated Ms. Gomez on her accomplishment. He also reported
on improved service for cardboard recycling at the Rivendell recycling center. He stated 133 tons
of recyclable materials were collected in December and that the City netted$900 as its share of the
rebate.
Councilmember Reports
Councilmember Tharp reported on the I-25 Policy Committee discussions regarding the
environmental impact statement study for the northern I-25 area and the public process to be
followed with regard to the possible expansion and improvement of the highway. She stated the City
would have the opportunity to appoint a representative to the Regional Coordination Committee
(RCC) for the environmental impact statement study. She stated she would like to be appointed to
serve and suggested that the City find out the appointment procedure. She stated no federal money
could be designated for improvements on this section of the highway until the environmental impact
statement was completed. City Manager Fischbach stated staff was working on determining how
appointments would be made to the RCC and that word had been received from CDOT that they
would like a Council representative on that group. He stated a Resolution making an appointment
would be brought forward for Council's consideration.
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January 20, 2004
Councilmember Hamrick asked what committee Mark Jackson was recently appointed to. City
Manager Fischbach stated Mr. Jackson was appointed to the Technical Advisory Committee for the
same study.
Councilmember Kastein reported on the North Front Range Transportation and Air Quality Planning
Council discussions regarding the project prioritization process, a transportation demand
management plan, and the election of officers.
Councilmember Weitkunat reported on the work to develop a list of names and categories for the
Economic Vitality and Sustainability Advisory Group. She stated Council would be receiving the
list and would be asked to provide feedback.
Councilmember Kastein reported that he and Councilmember Hamrick were serving as a committee
to look at the City's employee salaries and benefits and that a Request for Proposals was being
drafted to hire a consultant. He stated Council would be receiving the draft RFP for feedback.
Mayor Pro Tem Bertschy reviewed the order of discussion agenda items.
Ordinance No. 178, 2003
Imposing a Moratorium upon the Acceptance of Applications
for the Approval of Development Plans and/or the Issuance
of Building Permits for Dwellings Constructed on the Rear Portion of Lots
Located Within the N-C-L, Neighborhood Conservation Low Density,
N-C-M, Neighborhood Conservation Medium Density, and the N-C-B,
Neighborhood Conservation Buffer Zone Districts Adopted on Second Reading_
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance,which was adopted 4-2(Nays:Kastein and Martinez; CouncilmemberBertschy was
absent) on First Reading on December 16, 2003, imposes a moratorium on the acceptance of
applications for the approval of development plans and/or issuance of building permits for "alley
houses" or other dwellings on the rear portion of lots located within the Eastside and Westside
neighborhoods. The Ordinance has been modified on Second Reading to also include accessory
structures that exceed 576 feet in floor area or twenty feet in height. "
City Manager Fischbach introduced the agenda item. He stated a change had been made to add alley
structures in accordance with the direction received from the Council.
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January 20, 2004
Eric Scowron, Loveland resident and property owner of 625 South Meldrum, stated two large two-
story alley apartments were built on neighboring lots during the eight years he lived at the address.
He stated one of the new structures was five feet from his property line and that the alley apartments
had caused problems with shading during the day,lighting at night and people crossing his property
at all times of the day. He stated his back lot was now more of a liability than an Old Town treasure.
He stated he was now considering adding a few single apartment units complementary to the existing
structure in the back lot and that he was told by the Zoning Office that a variance from the Zoning
Code would not be considered whatsoever. He stated because of the surrounding in-fill projects that
his property should not be subject to new standards and regulations intended to protect other
historically significant properties. He stated placing new standards on his Meldrum lot, that
neighboring lots were not subject to,could be described as a taking of property rights. He stated new
standards must allow for an appeal process. He asked that, if the moratorium was approved,
properties such as his be exempted because of existing hardships. He urged the Council to create
provisions in the alley house standards to provide a process for variances for properties with
hardships.
Theresa Ramos-Garcia,Governmental Affairs Director forthe Fort Collins Board of Realtors,stated
the Board of Realtors opposed a moratorium because there were only 3-4 projects approved in 2002-
2003. She stated the cost to the taxpayers of the staff work and outreach events was high. She stated
the Board of Realtors agreed that the appearance and design of alley house structures should stay
within the design structure of the neighborhood. She stated a moratorium was not reasonable during
the time the current standards were updated. She stated the Board of Realtors appreciated that public
outreach would be held.
Councilmember Kastein asked for a staff response to the issue of an appeals procedure raised by the
first speaker. Paul Eckman, Deputy City Attorney, stated there was a Zoning Board of Appeals and
that decisions of that Board could be appealed to the City Council. He stated the Board was charged
with considering applications for variances relating to setbacks, heights, side yards, etc. He stated
the Board rather than staff could grant variances.
Councilmember Kastein asked if a change of use would be a zoning issue that would be first
addressed by the Planning and Zoning Board. Eckman replied in the affirmative and stated zoning
decisions were ultimately made by the City Council.
Councilmember Kastein asked if that would change as a result of the moratorium. Eckman replied
in the negative.
Mayor Pro Tem Bertschy stated it appeared that the issue addressed by Mr. Scowron was different
from the issue being considered with this ordinance. Eckman stated he could discuss the issues with
Mr. Scowron.
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January 20, 2004
Mayor Pro Tern Bertschy stated the matter addressed by Mr. Scowron could be appropriate for the
Zoning Board of Appeals.
Councilmember Tharp expressed a concern that the issue presented by Mr. Scowron stopped so
quickly at the staff level. Eckman stated the issue could be pursued further.
Councilmember Weitkunat asked if a letter received by the Council from Louisa Rodriguez went to
staff. She asked how the alternate perspective fit into the moratorium. She stated she would like
to see on the record the alternate perspective that came regarding the alley houses and the need for
diversity in the neighborhood. She stated the letter took a historical perspective and that the
perspective was that these changes should not occur. She asked how this fit into the discussion and
asked how the alternate point of view could be introduced. Cameron Gloss, Director of Current
Planning, stated it appeared that there was some concern that a wide variety of viewpoints relative
to alley houses might not be represented in the public process. He stated an inclusive process had
been structured and that the public was invited to attend. He outlined the public input process to
work on design options and a wide range of issues such as the market for alley houses, impacts to
neighborhoods, transportation and service related issues such as utilities and paving of alleys,
historic preservation, and architecture and design. He stated efforts would be made to have
representation in all of these different areas and from the general public.
Councilmember W eitkunat presented Ms.Rodriguez'letter to Mr.Gloss and stated she believed that
the views stated in the letter were important for this discussion.
Mayor Pro Tern Bertschy asked if Council had received the public outreach schedule outlined by Mr.
Gloss. City Manager Fischbach replied in the affirmative.
Councilmember Tharp asked for clarification regarding the language in the Ordinance stating that
the moratorium would be in effect until June 30,2004 or until the above referenced design standards
and regulations were adopted by Council. She asked if the moratorium would be lifted if the work
was completed earlier. City Manager Fischbach replied in the affirmative and stated staff felt that
it would be possible to complete the work earlier than June 30.
Councilmember Roy made a motion, seconded by Councilmember Tharp, to adopt Ordinance No.
178, 2003 on Second Reading.
Councilmember Weitkunat stated she would not support the motion because she did not feel that a
moratorium was appropriate. She stated Ms. Rodriguez made some valid points in her letter about
the diversity of Old Town and her neighborhood and that Ms. Rodriguez indicated that she was
happy to see people updating and improving their properties. She stated it was important to look at
alley houses from the perspective expressed by Mr. Rodriguez.
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January 20, 2004
Councilmember Roy thanked the citizens who worked hard to bring this issue forward to the
Council. He stated the moratorium was important because of the recent encroachment of buildings
that did not fit within the historical character and architectural qualities of the neighborhoods. He
stated there were also safety issues when alleys were turned into streets.
Councilmember Tharp stated the issue was not about design diversity but that the issue arose when
tri-plexes and four-plexes began to be built on single-family lots with accompanying parking,density
and street problems. She expressed confidence that staff would look at all sides of the issue and
stated the intent was not to have a"cookie cutter" downtown.
Councilmember Kastein stated he would support a moratorium if there were a more aggressive
schedule. He stated it was important to keep aggressive schedules to ensure that the City did not
unduly get in the way of opportunities to do jobs and business. He stated he would not support the
moratorium because the end date was not two months earlier.
Mayor Pro Tern Bertschy thanked staff for its hard work on this issue. He stated he was glad to hear
that input would be received from a wide variety of constituencies. He stated he would support the
Ordinance.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy,Hamrick,Roy and Tharp.
Nays: Councilmembers Kastein and Weitkunat.
THE MOTION CARRIED
Ordinance No. 174, 2003
Continuing a Temporary Manufacturing Equipment Use Tax
Rebate Program for Fort Collins Manufacturers.Adopted on Second Reading.
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
In March 1996, City Council approved a temporary rebate program for use tax paid on
manufacturing equipment. The goal of the program was to maintain the local economic base by
providing modest tax relief to manufacturing concerns located in Fort Collins. The program has
provided rebates to manufacturers for taxes paid during the calendar years 1996 through 2001. The
rebate program was discontinued for calendar year 2002 due to economic conditions. Staff is
proposing that the program be reinstated for 2003 and 2004, so that rebates maybe made of taxes
received by the City during those two years.
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January 20, 2004
Payments are made in arrears. This is a "rebate"of tax paid in the previous year. It is not a tax
exemption. If approved for calendar years 2003 and 2004, staff will ask manufacturing companies
to submit applications by late March of each year—as prescribed in the program. Rebates will be
paid upon review ofthe applications. Historically,many ofthe companies have requested extensions
to file at an even later date. Modifications were last made to the program in 1999 to reflect several
requests made by the manufacturing community. Ordinance No. 174, 2003, was unanimously
adopted on First Reading on December 2, 2003. "
City Manager Fischbach introduced the agenda item and stated the Ordinance was unanimously
approved by the City Council on First Reading.
Councilmember Roy asked about the discontinuance of the rebate program for 2002. Alan
Krcmarik,Finance Director,stated the program had a requirement that it be brought back to Council
for its continuation. He stated staff did not bring that back to the Council on a timely basis. City
Manager Fischbach stated while he was in the hospital the management staff chose not to bring the
matter to the Council.
Councilmember Roy stated the agenda material indicated that the decision was made due to
economic conditions. City Manager Fischbach stated that was the reason staff chose not to bring the
matter to the Council.
Councilmember Roy asked how economic conditions for 2003 were characterized compared to 2002.
Krcmarik stated sales tax figures for 2003 had been released and that collections were down
compared to 2002.
Councilmember Roy stated he was concerned that there had been a need to cut services and jobs.
He expressed a concern with the"convoluted message" of not doing the program in 2002 because
of economic conditions and retroactively doing the program for 2003 when $3.3 million was cut
from the budget. He stated the agenda material indicated that it was expected that the City would
pay out $500,000 retroactively for 2003 and $500,000 in 2004. He stated the budget cuts had an
impact on citizens and that he was"skeptical'with the rebate at a time of budget cuts. He stated he
would like to propose that the rebate be reinstated when the City had a"positive budget." He stated
the 2003 budget was worse than the 2002 budget and that he would like the Council to discuss the
matter from that perspective. City Manager Fischbach stated he would have brought the rebate
program forward to the Council if he had been here. He stated in bad economic times the rebate was
needed more than in good economic times. He stated it was important for the City to openly
embrace the existing businesses. He stated the money rebated was not much compared with what
the businesses contributed to the economy. Krcmarik stated the use tax paid was approximately$4.5
million each year. City Manager Fischbach stated the amount rebated was up to $500,000 and that
the rebates had been between $300,000 and $450,000 each year.
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January 20, 2004
Councilmember Hamrick asked if there had been any analysis of the effect of this program.
Krcmarik stated this was a difficult program to evaluate. He stated staff did a mini-audit each year
of the requested reimbursements. He stated staff had not attempted to tie the rebate to job retention.
Councilmember Hamrick asked ifthere was an correlation between the tax rebate and the company's
plan to purchase equipment. Krcmarik stated most money involved in the rebate program came from
the same large corporations each year and that those corporations had consistent equipment
expenditures.
Councilmember Hamrick asked if the tax rebate might have no effect at all. City Manager Fischbach
stated the program was not designed to have that effect. He stated the program was designed by the
1996 City Council to recognize that businesses must retool more often than they had to in the past
and to recognize that the 3%use tax was perhaps too high. He stated this was seen as a reduction
in the use tax for those businesses reinvesting in the tools more frequently.
Councilmember Hamrick asked if this program treated local and smaller companies the same as
larger multinational companies. Krcmarik stated there was a tiered formula for rebates and that the
biggest rebate was on the first $5 million in sales for all companies.
Councilmember Hamrick asked if employee compensation and benefits was a factor in this program.
Krcmarik stated there was no criteria for wages.
Councilmember Hamrick stated it did not appear that the program was an incentive for companies
to reinvest in equipment but was a reward for those that did reinvest. He asked what the benefit
would be for a retroactive tax rebate. Krcmarik stated the intent was to show the companies that the
City was concerned about the cost of reinvestment.
Councilmember Hamrick stated this would be"balancing the$500,000 on the backs of the Boys and
Girls Club."
Councilmember Weitkunat asked for clarification regarding the manufacturer's use tax. She stated
it was her understanding that it was above and beyond a sales tax and was implemented by the City
as an "extra income generator"only on manufacturing. Kremarik stated the use tax was in lieu of
sales tax. He stated if a piece of equipment was purchased from a local manufacturing company that
the buyer would pay a sales tax, and that if the equipment was bought from out of town the out-of-
town vendor would not have to collect the sales tax from the buyer. He stated when the buyer put
the purchase on their books they would indicate that the equipment was being put into use in Fort
Collins and that because a sales tax was not paid at the time of purchase a use tax would be paid
instead to the City and the State. He stated this protected the in-town vendors from out-of-town
competition.
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January 20, 2004
Councilmember Weitkunat stated the imposition of the use tax was met with unfavorable response
from the business community. She asked what happened to the money and noted that the use tax
was an unpredictable source of revenue because it was unknown when equipment would be
purchased. Krcmarik stated the use tax revenue was volatile and could fluctuate by$4 to$5 million.
He stated the City usually capped the use tax expectation and that extra revenue above the cap would
be extra money for the budget and that a shortfall would have to be covered by reserves.
Councilmember Weitkunat asked about the use tax carryover reserve and the balance of$2.4 million.
She asked what the reserve was and where it came from. Krcmarik stated the intent of the carryover
reserve was to manage the volatility of the use tax. He stated on good years money would be put into
the reserve to offset the bad years. He stated the reserve was accumulated over many years from all
of the sources of the use tax.
Councilmember Weitkunat asked if the rebate would mean`robbing from the Boys and Girls Club."
City Manager Fischbach replied in the negative and stated the budget recommendations at the time
the budget was concluded did not include the $2.4 million from the use tax carryover.
Councilmember Weitkunat asked how many companies that paid the use tax actually received
rebates. Krcmarik stated approximately 30 firms in Fort Collins were eligible for the rebate and that
between 10 and 15 applied for a rebate each year.
Councilmember Weitkunat stated it was an opportunity that was not always taken by business.
Krcmarik stated was correct. City Manager Fischbach noted that Hewlett-Packard had never applied
for a use tax rebate and that the company would be eligible and had paid a substantial amount of use
tax.
Mayor Pro Tem Bertschy asked how many rebate applications were expected for 2003. Krcmarik
stated there were 13 applications in 1999, 14 in 2000, and 11 in 2001. He stated the amount of
rebates ranged from $300,000 to $450,000. He stated the figure $500,000 was used as a high side
estimate.
Councilmember Tharp stated the program was a recognition of investment by companies. She asked
if portions of the$2.4 million reserve could have been used in a bad economic year instead of taking
money out of the General Fund. City Manager Fischbach stated the reserve was part of the General
Fund and the reserve could have been used for General Fund purposes.
Councilmember Tharp stated this would have given the City money to have dealt with the$300,000
shortfall in service areas. She stated there were significant reserves in a number of categories and
that the use tax carryover reserve would have been one source of money for the General Fund to be
used to cover the economic shortfall. City Manager Fischbach stated was correct and that it was a
Council decision not to pay for the shortfall from reserves.
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January 20, 2004
Councilmember Tharp stated she had a concern that the Council voted not to use reserves for the
programs that were cut. She stated this reflected the Council's assessment of the value of the
programs that were cut. She stated she was supportive of the use tax rebate program because it
recognized companies' investments. She suggested that Council look more carefully at the reserves
in bad economic years to avoid cutting services in areas that served the citizens.
Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adopt
Ordinance No. 174, 2003 on Second Reading.
Councilmember Kastein stated Council had the option to spend reserve money on many different
things and that the Council decided not to fund more police officers from reserve money as well as
cultural services, recreational opportunities, etc. He stated he believed that the rebate was
appropriate in a "down economic year" because industry was struggling. He asked why a rebate
would not be given when companies needed it the most. He stated the intent was to stimulate
business. He stated he did not agree that the rebate was being given"on the backs of the Boys and
Girls Club"and that statements to that effect were a gross oversimplification. He stated the rebate
was an incentive to companies to stay and continue to provide jobs. He stated this kind of an
incentive cost less than the kinds of incentives offered by Loveland.
Councilmember Hamrick stated the City did not know where the money rebated to companies was
going. He stated the money could go anywhere in the company. He stated companies that apply for
the rebate have moved jobs off-shore. He stated the City could not say that the money rebated was
going to be applied in the local economy. He stated there was no correlation between giving the
"subsidy"and equipment purchasing. He stated he had seen nothing that indicated that equipment
would be purchased if the rebate was provided. He stated there had been no costibenefit analysis for
this program and that this was$500,000 of taxpayer money. He stated a more productive use of the
$500,000 would be to give it back to the citizens so that they could spend it in the local economy.
He questioned the effectiveness of the program and whether it helped smaller companies remain in
the community or put money back into the local economy.
Councilmember Roy stated the Council made some tough choices in the budget. He stated it was
important to be prudent with the reserves. He stated he could not support the Ordinance because a
community needed to be"functioning in the black in order to give extraordinary money back in the
form of incentives." He stated the rebate was discontinued for 2002 due to economic conditions and
that there was a need to be wary about the economic conditions in evaluating the continuation of this
program. He stated 2003 was a worse year than 2002. He stated he did not oppose the concept of
a rebate but that the continuation of the rebate should depend on economic conditions. He stated he
would not support the Ordinance on Second Reading.
Councilmember Weitkunat stated the discussion seemed to focus on the use tax rather than the
rebate. She stated there was a need to discuss the use tax in general if there was going to be a
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January 20, 2004
discussion of"subsidies." She stated companies were being charged a tax for retooling and that this
was"subsidizing our coffers and creating an additional benefit to the community." She questioned
the fairness of an "isolated tax" placed on companies for retooling. She stated she supported the
rebate and not the use tax in general.
Councilmember Tharp stated she supported the rebate program and that she agreed that the rebate
was more appropriate in tough times than in good times. She stated she believed that it was
inconsistent that the policy indicated that the rebate could be cut back during tough times. She
stated she had a hard time with the City Manager not accepting full responsibility for a staff error
in not bringing the rebate to Council in 2003 while he was in the hospital. She stated the
responsibility was ultimately the City Manager's and that it was an error not to have the rebate in
effect during that year.
Mayor Pro Tern Bertschy stated he would support the Ordinance. He stated it was tied directly to
primary jobs related to the use of the equipment purchased. He stated this was an opportunity to
support the retention of primary jobs.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Tharp and
Weitkunat. Nays: Councilmembers Hamrick and Roy.
THE MOTION CARRIED
("Secretary's Note: The Council took a brief recess at this point.)
Ordinance No. 003, 2004
Amending the Zoning Map of the City of Fort Collins
by Changing the Zoning Classification for that Certain Property
Known as the East Ridge Rezoning.Adopted on Second Reading
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
Ordinance No. 003, 2004, which was adopted 6-0 (Councilmember Bertschy was absent) on First
Reading on January 6, 2004, rezones 159 acres ofland located east of Timberline Road and south
of East Vine Drivefrom T-Transition to the LMN—Low Density Mixed-Use Neighborhood district.
City Manager Fischbach introduced the agenda item.
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January 20, 2004
Councilmember Tharp asked why the zoning would go from T-Transition to LMN-Low Density
Mixed-Use Neighborhood when the City was short on land for employment and industrial use. She
stated this was in an area that could be considered for employment or some other use. Cameron
Gloss,Director of Current Planning,stated the criteria for zoning was compliance with the Structure
Plan,which was being updated. He stated based on the discussions on the Structure Plan update that
staff did not see any need to change the designation on a specific parcel. He stated the parcel was
designated LMN on the Structure Plan and that the annexation application had been evaluated based
on that designation.
Councilmember Tharp stated zoning typically was for housing even though the City was short on
land for employment and industrial use. She asked how that issue could be addressed. Gloss stated
was a broader issue for the City Plan update process. He stated the staff had not determined that
there was any need to change the zoning designation of the parcel. City Manager Fischbach stated
there might be some confusion between this annexation and the Trailhead Annexation. He stated
there were discussions about whether the zoning for the Trailhead annexation should be employment
or residential.
Councilmember Tharp asked what the zoning would be for that annexation. City Manager Fischbach
stated the zoning had not been determined and that there were discussions that it could be zoned for
employment. He stated the applicant wanted residential zoning for that property. He stated the
annexation that was the subject of this agenda item should clearly be residential.
Councilmember Tharp made a motion, seconded by Councilmember Hamrick, to adopt Ordinance
No.003,2004 on Second Reading. The vote on the motion was as follows:Yeas: Councilmembers
Bertschy, Hamrick, Kastein, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Resolution 2004-012
Finding Substantial Compliance and Initiating Annexation
Proceedines for Such Property to be Known as the Adrian Annexation,Adopted.
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
The applicant, M. Torgerson Architects, on behalf of the property owners, John and Julie Adrian,
has submitted a written petition requesting annexation of2.18 acres located at the southeast corner
of West Vine Drive and Impala Drive. The property is north of Laporte Avenue, west of North Taft
Hill Road, and east of North Overland Trail. It is currently being used as an existing single-family
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residence (with house and horse barn). The requested zoning for this annexation is LMN—Low
Density Mixed-Use Neighborhood. The surrounding properties are zoned LMN-Low Density Mixed
Use Neighborhood in the City to the north, FA — Farming in Larimer County to the east, FA —
Farming in Larimer County to the west, and FA —Farming in Larimer County to the south.
Theproposed Resolution makes afinding that thepetition substantially complies with the Municipal
Annexation Act, determines that a hearing should be established regarding the annexation, and
directs that notice be given of the hearing. The hearing will be held at the time offirst reading ofthe
annexation and zoning ordinances.Not less than thirty days ofprior notice is required by State law.
The property is located within the Fort Collins Urban Growth Area. According to policies and
agreements between the City ofFort Collins and Larimer County contained in thelnter¢overnmental
Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of
property in the UGA when the property is eligible for annexation according to State law. This
property gains the required 116 contiguity to existing City limits from a common boundary with the
Irish Second Annexation (December, 2000) to the north.
Planning and Zoninz Board Recommendation:
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request
at its regular monthly meeting on February 19, 2004, and will make its recommendation at that time.
The Board's recommendation will be forwarded to the City Council in time forfirst reading of the
annexation and zoning ordinances. "
Mayor Pro Tern Bertschy stated this item was withdrawn from the Consent Calendar by a citizen.
Dr. Steven L. Schaefer presented a letter to the Council and spoke on behalf of himself and 10 other
people in opposition to the annexation. He asked that the annexation and zoning be disallowed until
the issues contained in the letter were resolved. He stated the Executive Summary of the agenda
item summary contained some misleading statements. He stated the properties neighboring the
annexation all had single-family detached homes. He stated the Executive Summary made it sound
as though there were farm properties adjacent to the proposed annexation. He stated the proposed
rezoning was insensitive and out of character with the existing neighborhood that was made up of
single-family detached homes. He asked that the annexation proceedings be stopped until the
situation was properly addressed and studied in consideration of the neighbors. He stated zoning the
property LMN would be incongruous with the surrounding neighborhood. He asked that
consideration be given to the 39 private residences of North Impala Drive regarding the following
issues: North Impala Drive was a dead end street; anything other than single-family dwellings
located on the proposed annexation would not be in continuity with existing architecture on North
Impala Drive; the proposed LMN zoning would permit multifamily units and would be insensitive,
disrespectful and in dissonance with the character, harmony and integrity of the neighborhood; the
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proposed zoning was unethical in its proposed context;North Impala Drive was a 30-foot wide street
and the area was already congested; anything other than single-family detached residences built on
the property would increase traffic flow jeopardizing public safety for neighborhood children; and
higher crime rates were associated with population densities higher than those of the current
neighborhood. He stated the proposed Adrian Annexation should not be allowed in its proposed
context. He stated the residents would be negatively affected by the proposed zoning change, that
there would be traffic safety issues,that quality of life would be decreased, and that property would
be devalued. He requested that no annexation or rezoning occur and that further discussion of the
annexation be stopped until the issues outlined could be resolved and until any development of the
property would be done within the context of the present neighborhood. He stated anything other
than single-family detached homes would not be in harmony with the existing neighborhood.
John Angellotti, 605 North Impala Drive, stated a neighborhood meeting would be beneficial. He
stated the addition of 11 new residential dwellings in the area was cause for concern by the
neighbors. He spoke regarding the notification requirements.
Shelly Neff, 529 North Impala Drive, stated the annexation applicant had not contacted anyone in
the neighborhood and that there had been no neighborhood meeting. She stated the applicant was
planning on putting in I I affordable single-family units on 1.6 acres adjacent to a horse property and
across the street from the existing single-family homes. She stated the existing neighborhood was
very close and that there were no other apartment complexes in the area. She stated it had been
recommended to the applicant to contact the neighborhood and that had not been done. She stated
no contacts had been with regard to easements. She stated the street was maintained by the
homeowners and that more traffic from the multifamily units would have a serious impact. She
stated the 39 households in the existing neighborhood opposed the annexation.
Councilmember Weitkunat stated this was a Resolution initiating the annexation and that this was
not consideration of the annexation. She requested clarification regarding the process that would be
followed. Steve Olt, City Planner, stated this was the initiating Resolution finding that the property
was eligible for annexation because of its contiguity to the Irish 2"d Annexation. He stated this action
would establish the eligibility of the property for annexation and zoning.
Councilmember Weitkunat asked where the questions of the neighborhood would fit into the
process. Olt stated the initiating Resolution set forth dates for public hearings. He stated the
annexation and zoning request would go before the Planning and Zoning Board for deliberation on
February 19. He stated City staff would make a recommendation to the Board at that time and that
the Board would make a recommendation to the City Council. He stated First Reading of the
annexation and zoning Ordinances would be heard by the City Council on March 2 and that Second
Reading would be scheduled on March 16. He stated the requested zoning was LMN.
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January 20, 2004
Councilmember Weitkunat stated the initiating Resolution was required by State law because the
property was eligible for annexation. She stated this would simply begin the process.
Councilmember Hamrick asked when citizen input regarding the zoning would be heard. Olt stated
the zoning would be deliberated at the time the annexation was considered. City Manager Fischbach
stated the best time for citizen input on the zoning would be at the February 19 Planning and Zoning
Board hearing and that input could also be presented at the City Council hearing on March 2. He
stated the process had been explained to the neighborhood group and that the group had decided to
present input at this time.
Councilmember Tharp noted that the annexation and zoning processes were tied together. Shestated
there was no question that the property was eligible for annexation because it was surrounded by the
City. She stated the City could and should annex property when it became eligible. She stated the
zoning designation was the next step and that the zoning issue was tied together with the annexation.
She stated this created confusion for people. She stated she would prefer to see an annexation take
place and for the zoning to be considered after the annexation. She stated she did not understand
why the annexation and zoning must go together. Gloss stated all affected property owners were sent
a notice of the Planning and Zoning Board hearing. City Attorney Roy stated State statute allowed
a 90-day period of time after Second Reading of the annexation ordinance within which the property
must be placed in a zoning district. He stated the annexation and zoning ordinances could be
separated from the legal standpoint. He stated property owners who sought voluntary annexation
often were interested in the zoning as well and that the property owner could include a right to
withdraw the application in the application for annexation. He stated the decision regarding whether
to withdraw the application or to proceed with the annexation might hinge upon the zoning
designation that the Council would ultimately assign to the property. He stated the staff could take
a look at the policy of bringing the annexation and zoning ordinances simultaneously.
Councilmember Tharp stated there was a recent issue regarding one annexation in which there was
no concern about the annexation itself but in which there was concern about the zoning. She
expressed an interest in looking at consideration of the annexation and zoning ordinances separately.
City Manager Fischbach stated the issue may become that the petitioners would not cooperate on
annexation if the zoning designation was not known. He stated petitioners for annexation often want
to know what zoning the property would receive.
Councilmember Royasked if the properties owned b those speaking at this meeting were also
P P Y P
eligible for annexation. Greg Byme, CPES Director, stated the properties would be eligible for
annexation if they were adjacent to the existing City limits. He stated some of the properties would
be eligible for annexation and some would not. He stated it was likely that property that was already
developed as single-family homes would annex voluntarily. He stated the most likely scenario for
annexation would be if the properties became an enclave completely surrounded by the City. He
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stated an involuntary annexation of an enclave could be considered three years after the property was
surrounded.
Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 2004-012.
Councilmember Tharp stated she would support the motion because this was simply the initiating
Resolution and because there would be opportunities for the neighborhood to discuss the zoning at
public hearings. She stated she hoped that the neighborhood would participate in the public hearings
and that their comments would be taken into consideration.
Councilmember Roy encouraged the neighborhood representatives to speak at the public hearings.
He stated he believed that the neighbors had brought up some legitimate issues. He stated he would
like to explore the issue of separating the consideration of the annexation and zoning ordinances.
Councilmember Kastein stated this action would initiate the annexation and that the requirements
had been met for annexation. He stated the neighbors would have a chance to voice their opinions
at the Planning and Zoning Board hearing.
Mayor Pro Tern Bertschy stated he would support the Resolution. He stated the property was
eligible for annexation and that it had been the City policy and a legal requirement to consideration
annexing property upon eligibility.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Roy,
Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Other Business
City Manager Fischbach spoke regarding the CDOT letter requesting appointment of a City
representative to the 1-25 Technical Advisory Committee and stated Mark Jackson was appointed
on December 26. He stated CDOT had also requested designation of an elected official to serve on
the Regional Coordination Committee (RCC), which would work on the future transportation
alternatives and improvements for the I-25 Corridor between Denver and Fort Collins. He stated
first meeting of the RCC was scheduled for late January and that the Council might want to make
an appointment to the RCC by motion at this meeting.
Councilmember Tharp stated she would like to see the Council make an appointment to the Regional
Coordination Committee and that she would be happy to serve. She noted that the MPO role had
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been Councilmember Kastein's and that she had served as the alternate. She stated she had served
on the I-25 Policy Committee.
Councilmember Hamrick made a motion, seconded by Councilmember Roy, to appoint
Councilmember Tharp as the City's elected representative to the Regional Coordination Committee
(RCC).
Councilmember Kastein stated he would like to serve on the RCC. He stated he had been a
proponent of getting the environmental impact statement done so that rail could be fairly evaluated.
He stated it would also make sense to appoint Councilmember Tharp to the RCC.
City Manager Fischbach stated the CDOT letter did specify that there could be only one
representative and that the Council might want to consider appointing one Councilmember to serve
and another as the alternate.
Councilmember Kastein stated he would prefer to see one representative.
Councilmember Tharp stated she did not feel strongly about the issue provided a City representative
could be available for the meetings.
Councilmember Kastein asked if the work of the I-25 Policy Committee was done and if it was ready
to move on to other work.
Councilmember Tharp stated the 1-25 Policy Committee met quarterly.
Councilmember Kastein asked if the RCC had a specific schedule. City Manager Fischbach stated
the meetings would be quarterly or as determined by the Committee and consultant team.
Councilmember Weitkunat stated she would support either Councilmember Tharp or
Councilmember Kastein to serve. She stated Councilmember Kastein did have continuity with the
issues. She stated she did not see a problem with having two representatives on the Committee.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein and
Tharp. Nays: Councilmembers Roy and Weitkunat.
THE MOTION CARRIED
Councilmember Roy stated there would be a Town meeting for District 6 on January 24.
Councilmember Hamrick spoke regarding the memorandum received from the City Attorney
regarding three options for the rules of order for Council meetings. He stated the City Attorney
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thought that adopting procedural rules was advisable provided there was flexibility in the way in
which the rules would be interpreted and applied and provided the parliamentarian was not expected
to interject himself or herself into the proceedings unless there was a problem or question. He stated
he would agree with that recommendation. He asked about the difference between a "tailor-made
set of rules for conducting the meetings" and adopting modified Robert's Rules of Orders. City
Attorney Roy stated a tailor-made set of rules could mean starting from scratch and deciding on a
whole new set of rules. He stated that would be "reinventing the wheel" and that he would not
recommend that approach. He stated adopting modified Robert's Rules of Orders would entail
adopting them with four or five exceptions to comply with certain Charter requirements. He stated
that would not be a time consuming task.
Councilmember Hamrick stated his recommendation would be to draft a modified set of Robert's
Rules of Order for formal Council adoption.
Councilmember Weitkunat stated Robert's Rules of Order were lengthy and too detailed. She
expressed a concern with adopting a modified version. She stated Robert's Rules of Order should
be used as a reference rather than as a base.
Councilmember Tharp suggested that this should be a topic for the retreat,that problem areas should
be identified and that Robert's Rules of Order should be referenced to look for ways in which to
address the problems.
Mayor Pro Tern Bertschy stated he would also suggest talking about the matter at the retreat. City
Attorney Roy stated he had thoughts to share about adopting a portion of Robert's Rules of Order
and that the retreat could be an appropriate place to discuss the matter.
Mayor Pro Tern Bertschy stated it appeared that the consensus was to discuss the matter at the
retreat.
Councilmember Kastein recommended that the Council focus on the process and relationship related
issues at the retreat rather than policy issues.
Councilmember Hamrick spoke regarding the length of meetings and the e-mail discussions
regarding options to have more flexibility at the end of meetings to extend the time and continue the
discussion. He stated he would prefer more flexibility rather than an absolute cut-off time.
Councilmember Tharp stated was an item to be discussed at the retreat.
Councilmember Hamrick spoke regarding the process for negotiation by the City Manager with
Bayer regarding possible tax subsidies. He stated the Council was"blindsided"on the issue and that
reading about an issue of this magnitude in the newspaper without hearing about it first had
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ramifications. He stated there had been discussions about the need to discuss such issues with
Council before any policy was made or before negotiations took place with regard to issues on which
the Council had not established a policy or held a discussion. City Manager Fischbach stated, as
mentioned in the a-mails to the Council, this should not have come as a surprise because on
December 18, 2003 he sent a memorandum to the City Council notifying the Council that the City
was engaging EPS. He stated on December 22 the newspaper story appeared and that there was
adequate notice to the City Council. He stated staff was attempting to get sufficient information on
what it would take to have a meaningful discussion with the City Council at a study session in
February. He stated the study session had already been scheduled, that staff had identified the
information to be obtained from EPS Consultants, and that staff was trying to meeting with David
Silverstein about what they wanted. He stated that was important so that Council would have
something it could seriously consider. He stated this was all realistic from the standpoint of the chief
executive officer and what he or she should be doing to gather information for the City Council.
Councilmember Hamrick stated he disagreed and that it was a different matter to contract with a
consultant to examine the benefits instead of simply gathering information. City Manager Fischbach
stated he was not negotiating with Bayer and that he was simply trying to find out from them what
they wanted. He stated he was scheduled to receive proformas from Bayer to help determine the
costs and that the intent was to gather data for the City Council to help with making decisions. He
stated he could not be held accountable for what a newspaper story said.
Councilmember Weitkunat stated "negotiation" triggered a strong response and that to some it
implied giving something away. She stated she would expect the City Manager to gather
information for the City Council. She stated the term "negotiation" may be inappropriate and did
not describe what was actually happening.
Councilmember Tharp stated she understood the need for a consultant to gather information. She
asked if the City Manager had indicated at one point that he was "negotiating" with Bayer. City
Manager Fischbach stated"negotiating"was a poor choice of words and that he was"talking"with
Silverstein and Bayer to find out what they want and why they need it.
Councilmember Tharp stated the word"negotiating"reinforced what was in the newspaper article.
She stated Council should give direction regarding the next step. City Manager Fischbach stated he
was attempting to keep the Council informed so they would not be"blindsided."
Councilmember Hamrick asked about the cost for hiring EPS. City Manager Fischbach stated the
cost was $16,000.
Councilmember Kastein stated he did not have an issue with the City Manager and staff being"out
front'to figure out what it would take to have companies invest in Fort Collins. He stated it should
not be done in a manner to make the Councilmembers feel like they were"painted in a comer"and
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that it should not set unrealistic expectations or be out of character with past Council direction. He
stated he wanted staff to propose things and that the Council should have an opportunity to agree or
disagree with what was proposed. He stated in these tough economic times that it made sense to
examine things that had not been done in awhile.
Adjournment
The meeting adjourned at 9:12 p.m.
Mayor
ATTEST:
City Clerk
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