HomeMy WebLinkAboutMINUTES-01/06/2004-Regular• 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 bean 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 their membership
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.
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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 ofthat 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.
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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.
Agenda 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
Second Reading of Ordinance No. 177, 2003, Amendine Section 2-582 of the City Code
Regarding the Em lloovment Status of Deputy and Assistant City Attorneys.
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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 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, 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 of building
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 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. First Reading of Ordinance No. 003, 2004, Amending the Zoning Map of the City of Fort
Collins by Cbanging 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 activity bonds 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 II 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 Adiacent 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 fora 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 Makin Findings indings of Fact and Conclusions Regardingthe he 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 Azreement with the State of
Colorado for Fundingof f Airport 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 Study has already been accepted by the cities); $7,500 is for halfofthe 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 Amendinp 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 Annronriated Amounts to Be Used to
Construct Improvements on Ziegler Road from Timberwood Drive South to Kechter Road.
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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 II 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 Owest 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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• January 6, 2004
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 58later 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.
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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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January 6, 2004
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
Pertainine to the City's Economic Health, Adopted.
The following is staffs 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 a new 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 ofthe position ofeconomic advisor within the City. (The major
duties of the position are outlined in Exhibit B).
• Directing the CityManager to begin a dialogue with the business community
regarding a possible amendment to Chapter 25 of the 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.
is
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 thebusiness community
and was clearly core to the ability to provide and continue quality services in the community.
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January 6, 2004
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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January 6, 2004
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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• January 6, 2004
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
is
would look like. He stated this would be a difficult list to amend once it was submitted to Council.
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January 6, 2004
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 W eitkunat 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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• January 6, 2004
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 Attomey
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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January 6, 2004
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
is
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 staffs 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 of whether 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 of the 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 of nine (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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• January 6, 2004
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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January 6, 2004
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 W eitkunat 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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• January 6, 2004
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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January 6, 2004
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) of the 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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The meeting adjourned at 9:50 p.m.
ATTEST:
1
Adjournment
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January 6, 2004