HomeMy WebLinkAboutMINUTES-10/04/2005-RegularOctober 4, 2005
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, October 4, 2005,
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: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy, and
Weitkunat.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Mayor Hutchinson stated each participant would have three minutes to speak.
Devon Duvona, Boltz Junior High student, opposed the closing of the Youth Activity Center and
subsequent moving of the facilities to the northern part of town. He asked that funding for the Youth
Activity Center be restored.
Greg Snyder, 619 Bear Creek Drive, spoke regarding the increase in use of motorcycles and scooters
and asked that specific parking spaces not large enough for cars be marked for motorcycle parking.
He also noted he applied on-line for a board or commission and had problems fitting his responses
into the allotted space.
Abel Chavez, Colorado Markets Director for Qwest, updated Council on its investment in access
to, and availability of, high-speed internet service.
Gail Zirtzlaff, 2046 Manchester Drive, expressed concern about rental housing in her neighborhood.
Courtney Przybylski, ASCSU Director of Community Affairs, expressed appreciation for the
elimination of the word "unrelated" in the occupancy ordinance and for the suspension of occupancy
limit enforcement as applied to victims of Hurricane Katrina. She stated occupancy limits should
be increased to four persons given financial constraints of students and other renters. She sated the
concept of boarding houses is also a reasonable and appropriate solution to the issue.
Lloyd Walker, 1756 Concord Drive, spoke regarding occupancy limits and stated violation of those
limits should result in a civil offense.
Al Bacilli, 520 Galaxy Court, suggested presenting an item to the voters that would take half of the
designated open space money and redirect it to the general fund. He asked for the elimination of the
vendor's fee and expressed concerns about the Southwest Annexation.
323
October 4, 2005
Citizen Participation Follow-un
Councilmember Roy asked staff to provide an inventory of the smaller parking spaces which could
possibly be designated for motorcycles. He asked if there was a fix for the limited number of
characters on the on-line board and commission application.
City Manger Atteberry replied staff would obtain an inventory of parking spaces and would look
into increasing the space on the on-line application.
Councilmember Kastein asked staff to follow up on the vendor's fee issue.
Mayor Hutchinson noted the vendor's fee money has been used in the past to fill the economic
advisor position.
AA2enda Review
City Manager Atteberry stated there were no changes to the published agenda.
CONSENT CALENDAR
6. Consideration and Approval of the Regular Council Meeting Minutes of September 20,
2005.
Items Relating to the Appropriation of Miscellaneous Revenues for the Air Quality Program.
A. Second Reading of Ordinance No. 100, 2005, Appropriating Unanticipated Grant
Revenue in the General Fund for the Climate Wise Program.
B. Second Reading of Ordinance No. 101, 2005, Appropriating Unanticipated Grant
Revenue in the General Fund for the Natural Resources Radon Program and
Authorizing the Transfer of Matching Funds Previously Appropriated in the Natural
Resources Operating Budget to the Grant Project.
C. Second Reading of Ordinance No. 102, 2005, Appropriating Unanticipated Grant
Revenue in the General Fund for the Natural Resources CMAQ Project and
Authorizing the Transfer of Matching Funds Previously Appropriated in the Natural
Resources Operating Budget to the Grant Project.
D. Second Reading of Ordinance No. 103, 2005, Appropriating Unanticipated Grant
Revenue in the General Fund for the Natural Resources Emissions Testing Transition
Project and Authorizing the Transfer of Matching Funds Previously Appropriated in
the Natural Resources Operating Budget to the Grant Project.
Ordinance Nos. 100, 101, 102, and 103, 2005, were unanimously adopted on First Reading
on September 20, 2005.
324
October 4, 2005
8. Second Reading of Ordinance No 104 2005 Appropriating Unanticipated Revenue in the
General Fund for Police Services DUI Sobriety Checkpoints.
The Office of Transportation Safety, Colorado Department of Transportation, has received
funding from the Federal government for DUI sobriety checkpoints throughout the state
between Memorial Day and Labor Day this year.
Fort Collins Police Services was asked to participate by holding four checkpoints during this
period. The checkpoints were staffed by off -duty officers working overtime and the grant
funds will pay for the overtime costs. Any funds not used for the checkpoints will be used
to augment regular DUI enforcement during the summer through the use of off -duty officers.
Ordinance No. 104, 2005, was unanimously adopted on First Reading on September 20,
2005.
9. Second Readin¢ of Ordinance No. 105 2005, Appropriating Unanticipated Revenue in the
General Fund for E911 and Emergency Medical Dispatch Systems at Fort Collins Police
Services Dispatch Center.
LETA collects a monthly fee from all county telephone users and allocates those funds to
purchase and maintain equipment used to process E911 phone calls; train users; and dispatch
appropriate Emergency Services Providers. In 2003, LETA developed a budget allocation
formula for each Public Safety Answering Point (also known as Emergency Services
Dispatch Center or "Center") based on the number of Dispatchers and the number of E911
phones calls received in each Center. Based on the formula, LETA provides the funds to the
individual Centers to pay expenses. The 2005 amount based on 2004 expenditures for Fort
Collins Police Services is $10,391.
In the same manner, a formula was developed for each Center for Emergency Medical
Dispatch ("EMD") based on the number of dispatchers and the number of EMD calls
handled by the Center. The 2005 amount based on 2004 expenditures for EMD based on the
formula for Fort Collins Police Services is $44,826.
The total amount to be appropriated from these two budgets is $55,217.
Ordinance No. 105, 2005, was unanimously adopted on First Reading on September 20,
2005.
10. Items Relating to Appropriating Unanticipated Revenue in the General Fund for the Larimer
County Drug Task Force.
A. Second Reading of Ordinance No. 106, 2005, Appropriating Unanticipated Revenue
in the General Fund for the Larimer County Drug Task Force.
325
October 4, 2005
B. Second Reading of Ordinance No. 107,2005, Appropriating Unanticipated Revenue
in the General Fund for the Larimer County Drug Task Force.
Fort Collins Police Services applied to the Edward Byrne Justice Assistance Grant program
on behalf of the Task Force for Federal Grant monies to help fund the investigation of illegal
narcotics activities in Larimer County. The Task Force includes Fort Collins Police
Services, Loveland Police Department, Larimer County Sheriffs Department, Drug
Enforcement Administration, and the Colorado State University Police Department.
The grant award for $92,526 will be used for rental and operational costs at the Task Force
off -site location and for the purchase of narcotics from drug dealers by undercover police
officers. The grant award for $105,804 will be used to buy supplies and operating costs for
the Colorado State University detective, for the purchase of narcotics from drug dealers by
undercover police officers and to pay for overtime costs incurred by drug task force
operations.
These appropriations are not requests to identify new dollars for Police Services 2005
budget, instead they simply appropriate new Federal grant money.
Ordinance Nos. 106 and 107, 2005, were unanimously adopted on First Reading on
September 20, 2005.
11. Second Reading of Ordinance No. 108, 2005, Amending the Fort Collins Land Use Code
Regarding Annexation of Uses Not Legally Permitted.
City Council approved Ordinance No. 070, 2005 on July 5, 2005. This ordinance enacted
numerous Land Use Code amendments that were proposed as part of the Spring 2005
Biannual revisions. One of the amendments in the ordinance clarified the annexation
regulations as they pertain to uses not legally permitted in the county. Specifically, the
amendment established a maximum two year amortization period for uses not legally
permitted that were knowingly allowed to continue by the County.
Staff recommended the two year amortization period for uses not legally permitted as a fair
and reasonable timeframe in which to allow the illegal use to be abated once the property is
in the city. The amendment also contained a stipulation that if the illegal use is the subject
of a County initiated zoning or nuisance enforcement action, then the amortization period
would end within the time established as a result of the enforcement action or within two
years, whichever occurs first.
Ordinance No. 108, 2005, was unanimously adopted on First Reading on September 20,
2005.
326
October 4, 2005
12. Second Readine of Ordinance No. 109 2005, Authorizing the Purchasing gent to Enter
into an Extension of the Golf Professional Services Agreement at SouthRidee Golf Course
for up to Five Additional Years.
The existing Agreement with SouthRidge Golf Professional Dale W. Smigelsky, PGA,
expires on December 31, 2005. This five-year Agreement was entered into on December
19, 2000, after being awarded through Request For Proposal (RFP) # P-777. As stated in
both the RFP documents and the Agreement, "...This Agreement may be extended beyond
the original five (5) year term if performance is satisfactory and subject to City Council
approval and negotiation of a mutually acceptable extension agreement".
Ordinance No. 109, 2005, was unanimously adopted on First Reading on September 20,
2005.
13. Items Relating to the East Ridge Second Annexation and Zoning.
A. Second Reading of Ordinance No. 111, 2005, Annexing Property Known as the East
Ridge Second Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 112, 2005, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the East
Ridge Second Annexation to the City of Fort Collins, Colorado.
The East Ridge Second Annexation and Zoning represents a follow-up action to bring in a
small area of land identified for mitigation purposes for the pond and wetlands as part of the
original East Ridge Annexation. This negotiated section of approximately 1/2 acre extended
into the adjacent property to the south — triggering the requirement for annexation.
Contiguity with the existing municipal boundary is gained along the entire northern
boundary which is shared with the south property line of the East Ridge Annexation (152.81)
acres).
This is a 100% voluntary annexation for a property located within the Growth Management
Area. The property satisfies the requirement that no less than one -sixth of the perimeter
boundary be contiguous to the existing City boundary. Combined with the original East
Ridge Annexation, the two parcels total 153.3 acres. The recommended zoning is L-M-N,
Low Density Mixed -Use Neighborhood District. The rezoning request is consistent with the
adopted East Mulberry Corridor Plan.
Ordinance Nos. I I I and 112, 2005, were unanimously adopted on First Reading on
September 20, 2005.
327
October 4, 2005
14. First Reading of Ordinance No. 113 2005, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various CityFunds and Authorizing the Transfer of Appropriated
Amounts Between Funds or Projects.
The purpose of the annual clean-up ordinance is to combine dedicated revenues or reserves
that need to be appropriated before the end of the year to cover the related expenses that
were not anticipated and, therefore not included, in the 2005 budget. The unanticipated
revenue is primarily from fees, charges, rents, contributions and grants that have been paid
to City departments to offset specific expenses. Prior year reserves are primarily being
appropriated for unanticipated operation expenses from reserves that are set aside for that
pumose.
This Ordinance appropriates prior year reserves and unanticipated revenue in various City
funds, and authorizes the transfer of appropriated amounts between funds. The City Charter
permits the City Council to provide by ordinance for payment of any expense from prior year
reserves. The Charter also permits the City Council to appropriate unanticipated revenue
received as a result of rate or fee increases or new revenue sources. Additionally, it
authorizes the City Council to transfer any unexpended appropriated amounts from one fund
to another upon recommendation of the City Manager provided the purpose for which the
transferred funds are to be expended remains unchanged; or the purpose for which they were
initially appropriated no longer exists; or the proposed transfer is from a fund or capital
project account in which the amount appropriated exceeds the amount needed to accomplish
the purpose specified in the appropriation ordinance.
If these appropriations are not approved, the City will have to reduce expenditures even
though revenue and reimbursements have been received to cover those expenditures.
15. First Reading of Ordinance No. 114, 2005, Repealing and Reenacting Chapter 27 of the Citv
Code Regarding_ Vegetation.
This Ordinance will make a number of changes to Chapter 27 of the Code (Vegetation).
These changes are designed to: 1) tighten up definitions and verbiage; 2) update titles; 3)
update the list of trees and shrubs citizens cannot plant; 4) allow citizens adjacent to alleys
to prune, without a permit, trees or shrubs that are on City right-of-way in the alley; 5)
modify the licensing procedure for commercial arborists, including setting insurance
requirements at today's industry standards; 7) clarify the right of the City Forester or his/her
designee to enter private property not just to inspect trees, but also to trim or remove trees
that pose a danger to the public; 8) better define vegetation clearance standards for streets,
sidewalks and other City owned property and who is responsible for mitigating these
clearance issues; 9) modify the service of notice process so that it is more in line with those
in other codes that are enforced by the City's Code Enforcement officials; 10) make the
citizen appeal process for code violations less cumbersome; and 11) alter the assessment of
claims against property owners so that they are more in line with what other City
departments do.
328
October 4, 2005
16. First Readiniof Ordinance No. 115 2005, Desi ng ating the Blanchard/Bates House and
Garage 1201 Laporte Avenue as a Fort Collins Landmark Pursuant to Chanter 14 of the
Code of the City of Fort Collins.
The owners of the property, Marian and Kurt Schwabauer, are initiating this request for Fort
Collins Landmark designation for the Blanchard/Bates House and Garage. The property
qualifies for designation as a Fort Collins Landmark under Preservation Standards (1) and
(3). The property embodies the distinctive characteristics of a type, period, and method of
construction, and contributes to the historical and architectural significance of Fort Collins.
An excellent example of the Classic Cottage architectural style, the brick dwelling remains
relatively unchanged, with very good individual integrity. For over 100 years, this quaint
Classic Cottage has continuously added to the historic nature of the area. The property also
contains a notable single car wooden garage, with a very interesting and unusual garage door
and historic hardware. The garage exhibits excellent integrity, and would likely qualify for
Landmark designation in its own right.
17. First Reading of Ordinance No. 116 2005 of the Council of the City of Fort Collins
Extending the Terms of a Non -Exclusive Franchise By the City of Fort Collins to Comcast
of California/Colorado LLC its Successors and Assigns for the Right to Make Reasonable
Use of and Erect Construct. Overate and Maintain Through the Public Rights -of -way,
Easements And Other Public Property Equipment Necessary and Appurtenant to the
Operation and Maintenance of a Cable System and the Provision of Cable Services to
Citizens Within the City.
The current Cable Franchise with Comcast of California/Colorado, LLC ("Comcast") will
expire on November 2, 2005. Much progress has been made in the franchise renewal
negotiations; however a few items remain unresolved. This extension will maintain the
terms and conditions of the existing Franchise for approximately four months.
18. First Readine of Ordinance No. 117, 2005, Authorizing the Extension of the Banking and
Depository Services Agreement with First National Bank for the Year 2006.
The First National Bank of Fort Collins was selected by a competitive process to provide
depository and banking services in 2000. The City has contracted with the First National
Bank of Fort Collins for the last five years.
Recent changes in the Finance Department have made it extremely difficult to complete
another competitive process for depository and banking services prior to the expiration of
the current contract on December 31, 2005. Staff is requesting that Council approve an
extension of the current agreement for an additional year to allow sufficient time and
resources to complete a competitive process in 2006.
First National Bank of Fort Collins has agreed to provide services for 2006 at the same unit
costs for services as originally bid in 2001 with the exception of lock box service cost. The
lock box cost will increase from $0.14 to $0.145 per item, an approximate increase of $3,000
annually. Under the current contract the City pays First National Bank approximately
$250,000 annually depending on the number of transactions processed.
329
October 4, 2005
19. Resolution 2005-108 Authorizing_ the Lease of City -Owned Property at 304 North Howes
Street.
The City is the owner of the property described as Block 33 in downtown Fort Collins. In
July 2005, the City Council approved Ordinance No. 077, 2005 authorizing the sale of
portions of Block 33 to Penny Flats, LLC ("Developer") as part of a plan to redevelop the
block. The Developer plans to purchase the Block 33 property in three tracts: Tract A - Lot
1-4; Tract B - Lots 5-8, and Tract C - lots 13-16. The Developer anticipates closing on Tract
A by August 2006.
The residence at 304 North Howes is located in Tract C, which is expected to be the last
parcel purchased, and has been rented out by the City for the last five years.
The new lease term will be for one year, with the City having the option to renew for an
additional term of one year, or until the Developer purchases the lot containing the residence,
whichever comes first.
20. Resolution 2005-109 Setting Forth the Intention of the City to Support the Allocation of
Private Activity Bond Funding to the Colorado Housing and Finance Authority to Finance
Multi -family Senior Housing Revenue Bonds for the Oakbrook Manor I Project.
In August 2005, Mr. Chris Hodges, President and Chief Manager of Emerald Housing
Partners, LLC (the "Applicant") and Mr. Brian Dale, the Project's investment banker with
Newman/GMAC Capital, contacted staff members of the Advance Planning and Finance
Departments. They requested that the City consider assigning its annual allocation ofprivate
activity bonds to CHFA for the purpose of acquiring and rehabilitating a multi -family senior
housing project in central Fort Collins. This development would qualify as an Affordable
Housing Project. The Project is located at 3200 Stanford Road and consists of 107 dwelling
units. All of the units receive rental subsidies under a project -based Section 8 Housing
Assistance Payments ("HAP") contract expiring June 2009.
Adoption of this Resolution will support the allocation of $5,018,440 in tax-exempt private
activity bonds to CHFA for the purpose of acquiring and rehabilitating the Project. The
Project is consistent with the City's adopted policies regarding the issuance of multi -family
rental housing bonds. The Affordable Housing Board (the "Board") reviewed the Project
at its meeting on September 1, 2005. The Board supports the Project. Due to the September
15 statutory relinquishment date, City staff has made arrangements with the Department of
Local Affairs and CHFA not to release any funds to the Applicant until City Council
approves this Resolution.
Staff finds that the Project is consistent with Council's goal of increasing the quality of
affordable housing in the City. If Council approves the Resolution, the City will support
the Project Applicant in its application to CHFA.
330
October 4, 2005
21. Resolution 2005-110 Suonorting the Citv's Entry into the Great American Main Street
Awards Competition.
Staff believes the redevelopment of downtown Fort Collins is a successful project that
deserves entry into this national awards competition. While several awards have been
received for individual projects in the downtown area, the Main Street competition considers
the over-all redevelopment of a downtown area based upon the financial, aesthetic and
redevelopment success of the project.
The award competition is open to all commercial districts for which there has been a
community -driven revitalization effort using historic preservation as a guiding principle and
a comprehensive approach. The deadline for entries is October 14, 2005. Five cities are
selected annually to receive the recognition, and the 2006 winners will be announced next
April.
22. Routine Deeds and Easements.
A. Easement Dedication from Ambassador XI, L.P., for construction of a public
sidewalk, located at Harmony Road and Lemay Avenue. Monetary consideration: $0.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. A. Second Reading of Ordinance No. 100, 2005, Appropriating Unanticipated Grant
Revenue in the General Fund for the Climate Wise Program.
B. Second Reading of Ordinance No. 101, 2005, Appropriating Unanticipated Grant
Revenue in the General Fund for the Natural Resources Radon Program and
Authorizing the Transfer of Matching Funds Previously Appropriated in the Natural
Resources Operating Budget to the Grant Project.
C. Second Reading of Ordinance No. 102, 2005, Appropriating Unanticipated Grant
Revenue in the General Fund for the Natural Resources CMAQ Project and
Authorizing the Transfer of Matching Funds Previously Appropriated in the Natural
Resources Operating Budget to the Grant Project.
D. Second Reading of Ordinance No. 103, 2005, Appropriating Unanticipated Grant
Revenue in the General Fund for the Natural Resources Emissions Testing Transition
Proj ect and Authorizing the Transfer of Matching Funds Previously Appropriated in
the Natural Resources Operating Budget to the Grant Project.
8. Second Reading of Ordinance No. 104, 2005, Appropriating Unanticipated Revenue in the
General Fund for Police Services DUI Sobriety Checkpoints.
331
October 4, 2005
Second Reading of Ordinance No. 105, 2005, Appropriating Unanticipated Revenue in the
General Fund for E911 and Emergency Medical Dispatch Systems at Fort Collins Police
Services Dispatch Center.
10. A. Second Reading of Ordinance No. 106,2005, Appropriating Unanticipated Revenue
in the General Fund for the Larimer County Drug Task Force.
B. Second Reading of Ordinance No. 107, 2005, Appropriating Unanticipated Revenue
in the General Fund for the Larimer County Drug Task Force.
11. Second Reading of Ordinance No. 108, 2005, Amending the Fort Collins Land Use Code
Regarding Annexation of Uses Not Legally Permitted.
12. Second Reading of Ordinance No. 109, 2005, Authorizing the Purchasing Agent to Enter
into an Extension of the Golf Professional Services Agreement at SouthRidge Golf Course
for up to Five Additional Years.
13. A. Second Reading of Ordinance No. 111, 2005, Annexing Property Known as the East
Ridge Second Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 112, 2005, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the East
Ridge Second Annexation to the City of Fort Collins, Colorado.
Ordinances on First Reading were read by title by City Clerk Krajicek.
14. First Reading of Ordinance No. 113, 2005, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds or Projects.
15. First Reading of Ordinance No. 114, 2005, Repealing and Reenacting Chapter 27 of the City
Code Regarding Vegetation.
16. First Reading of Ordinance No. 115, 2005, Designating the Blanchard/Bates House and
Garage, 1201 Laporte Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the
Code of the City of Fort Collins.
17. First Reading of Ordinance No. 116, 2005 of the Council of the City of Fort Collins
Extending the Terms of a Non -Exclusive Franchise By the City of Fort Collins to Comcast
of California/Colorado LLC its Successors and Assigns for the Right to Make Reasonable
Use of and Erect, Construct, Operate and Maintain Through the Public Rights -of -way,
Easements And Other Public Property Any Equipment Necessary and Appurtenant to the
Operation and Maintenance of a Cable System and the Provision of Cable Services to
Citizens Within the City.
18. First Reading of Ordinance No. 117, 2005, Authorizing the Extension of the Banking and
Depository Services Agreement with First National Bank for the Year 2006.
332
October 4, 2005
27. First Reading of Ordinance No. 118, 2005, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Hellenic Plaza Rezoning.
28. First Reading of Ordinance No. 119, 2005 Amending Chapter 13 of the City Code to Add
a New Article III Concerning Discrimination Based on Immigration Status.
Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adopt and
approve all items on the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
Consent Calendar Follow-up
Councilmember Kastein asked that Council establish a policy for spending the limited
Transportation Capital Fund.
Staff Reports
City Manager Atteberry noted there are technical problems with the closed captioning and staff is
working on them. He congratulated Colorado State University and President Penley on two
significant donations, a $2.5 million gift from the Everitt family to the College of Business for a real
estate center, and a $30 million gift from a CSU alumnus to the College of Natural Resources, to be
renamed the Edward M. Warner College of Natural Resources. He reported Fort Collins/Loveland
was recently named one of the 100 best communities for young people. He reported Fort Collins
recently hosted the annual meeting of the Colorado Chapter of the American Planning Association.
Assistant City Manager Wendy Williams updated Council on City Hurricane Katrina relief efforts.
She stated employees donated approximately $6,000, which was matched by the Bohemian
Foundation. She stated employees will be able to have up to one week of vacation time matched to
assist in the devastated areas and time spent on a local level will be matched on a daily basis. She
stated this policy will be in effect for about one year and will then be reevaluated.
Councilmember Reports
Councilmember Weitkunat reported the primary topic of discussion at the Poudre Fire Authority
(PFA) Board meeting held Tuesday, September 27, was the budget. She read a statement from the
Authority which indicated it would be reducing the workforce in order for compensation to remain
at the 70th percentile. She reported the Long Range Training Facility Master Plan was also
discussed.
Resolution 2005-111
Expressing the City Council's Support of Referred Issue 2A Renewing the
City of Fort Collins' One -Quarter Cent Capital Sales and Use Tax, Adopted
The following is staff s memorandum on this item.
333
October 4, 2005
"FINANCIAL IMPACT
Renewal of the current one -quarter cent sales and use tax to fund the Building on Basics capital
program will result in $5.6 million per year of revenue available to the Cityfor completion of 13
specific capital projects. Over the ten year term of the tax, $4.4 million will be provided for the
Operation and Maintenance of these projects.
EXECUTIVE SUMMARY
In August 2005, City Council placed a capital sales tax ballot measure before the voters for the
November 1, 2005 election. This item will appear as Referred Issue 2A on the Larimer County
coordinated election ballot.
The purpose of the sales tax measure, known as Building on Basics 2005, is to provide funding for
13 specific, high priority capital projects. These projects will be constructed over the ten-year
period January], 2006 to December 31, 2015. The total cost of the projects, including operation
and maintenance costs, will be $56.2 million (2005 constant dollars).
Staff recommends that City Council adopt this Resolution in support of the ballot measure and urge
the registered electors of the City to vote in favor of the Ballot Measure.
BACKGROUND
In early 2005, staffpresented City Council with a list of 34 high priority projects for consideration
as part of the Building on Basics sales tax program. The projects total over $189 million in funds
needed, and address many different service needs, including roads/multi-modal projects, transit,
bike/pedestrian projects, libraries, cultural facilities, parks and recreation, police and natural
areas.
The project list was based on adopted City masterplans, including the Transportation Master Plan,
Parks Master Plan, Cultural Facilities Plan, Library Master Plan, General Governmental Facilities
Master Plan and Natural Areas Policy Plan. During 2004, the City conducted extensive outreach
with citizens via Open Houses, Web Surveys, speaker's bureau, newsletters, newspaper articles and
columns, City Council meetings, and the City website. City Council has also received
recommendations for Boards and Commissions including Transportation Board, Parks and
Recreation Board, Cultural Resources Board, Library Board, Natural Resources Advisory Board,
Senior Advisory Board and Air Quality Board.
During the past several months, City Council has met several times to review the proposed projects
and develop a list ofprojects to present to voters at the November 1, 2005 election. On August 9,
2005, City Council directed staff to prepare an ordinance and ballot language that will include 13
projects with a total cost of $56.2 million. The f nal list includes the following projects:
• Library Technology
• Fort Collins Museum/Discovery Science Center Joint Facility
• Lincoln Center Renovation and Cultural Facilities Plan
• Park Upgrades and Enhancements
• Fort Collins Senior Center Improvements
334
October 4, 2005
• Police Services CADIRMSUMS Replacement Project
• Harmony Road - Seneca to College Avenue
• Intersection Improvements and Traffic Signals (including Harmony/College)
• North College Avenue Improvements Phase 2 — Vine Drive to Conifer Street
• Timberline Road —Drake Road to Prospect Road
• Transit Fleet Vehicle Replacement
• Fort Collins Bicycle Program Plan Implementation
• Pedestrian Plan and Disability Access Improvements
The list represents a package ofprojects that address basic needs and critical deficiencies in several
categories. The package is allocated 56% to Transportation needs, 43% to Cultural, Library and
Recreational projects and 1 % to Police Services capital needs.
Highlights of the Ballot Language
The measure placed before the voters will renew the Building Community Choices sales and use tax
currently set to expire December 31, 2005. The measure asks voters to approve an ordinance which
includes several provisions to be used in the implementation of the Building on Basics capital plan.
Provisions include:
• A tax term of ten years (January 1, 2006 through December 31, 2015)
• Seven years of operations and maintenance costs for projects
• A provision that any overages in revenues projected after all projects are
completed will be directed to any capital project or to the operation and
maintenance ofBOB projects, as directed by City Council.
• Language required by the TABOR amendment such as a reference to this
being a new tax; an estimate that the 114 cent tax will generate not more than
$6.2 million in the first year; and permission to retain all of the revenues for
the purposes specified.
• Detailed information about the implementation ofthe tax, such aspermission
for Council to decide on the project schedule, specific costs and scope, within
the general project description.
• A contingency that requires that City funds be expended on the
Museum/Discovery Science Center Joint Facility project upon successful
privatefundraisingforDSCportionoftheproject. The DSC will be required
to raise, have pledges or "in -kind" contributions valued at $3.6 million
before Building on Basics funding will be available for the project. "
City Manager Atteberry introduced the agenda item and stated this is the result of an excellent
partnership between the community, Council, and City staff and he strongly recommended approval
of the item.
Deputy City Manager Diane Jones stated this item is the result of much discussion regarding the
project package which should go before the voters.
335
October 4, 2005
Ann Tumquist, Policy and Project Manager, stated this item is the renewal of a capital sales tax that
is set to expire December 31, 2005. She stated the proposed package is well-balanced and meets
a variety of needs. She stated the majority of funds, 56%, will go to Transportation Services,
followed by projects in Cultural, Library, and Recreation Services, and Police Services. The total
of the 13 projects is $56 million in capital and operation and maintenance costs. Tumquist detailed
the projects and the ballot measure.
Deputy City Manager Jones noted the TABOR Amendment requires the reference in the ballot
measure to a "new" tax but this is in fact a continuation of the Building Community Choices quarter -
cent tax.
Mike Powers, 4012 Braidwood Drive, urged Council to unanimously adopt the Resolution and asked
citizens to vote for item 2A.
Bud Heron, 415 South Howes, spoke in support of Referred Issue 2A.
Rob Stansbury, 1301 Robertson, noted this item does not involve a new tax and spoke in support
of Referred Issue 2A.
Al Bacilli, 520 Galaxy Court, stated he is in favor of 2A to a certain extent but urged voters to vote
against the item.
Greg Snyder, 619 Bear Creek Drive, supported Referred Issue 2A.
David May, President of the Fort Collins Chamber of Commerce, spoke in support of Issue 2A
noting there is broad support for the item.
Councilmember Kastein asked about the targeted seven years of maintenance and whether or not
there would be a way to make that maintenance last longer.
Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt
Resolution 2005-111.
Councilmember Manvel stated he is in support of the item and noted it is certainly a continuation
of a tax rather than a tax increase and will primarily fund existing rather than new projects.
Councilmember Weitkunat stated she is in support of the item and noted it appeals to citizens in all
parts of the city.
Councilmember Roy thanked staff for its work on the project and stated he would enthusiastically
support the Resolution and urged voters to support Referred Issue 2A.
Councilmember Kastein supported the item and noted the City needs this funding for infrastructure
as well as quality of life.
336
October 4, 2005
Councilmember Ohlson expressed support for the item noting it is a balanced package and
encouraged citizen support of the ballot issue.
Councilmember Brown urged voters to support the ballot issue.
Mayor Hutchinson stated these taxes in the past have been a large funding source for quality of life
items in Fort Collins and he urged voters to support the ballot issue.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
Ordinance No. 118, 2005,
Amending the Zoning Map of the City of Fort Collins by
Changing the Zoning Classification for that Certain
Property Known as the Hellenic Plaza Rezoning, Defeated on First Reading
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
The parcel was annexed into the City in February, 1964 and placed in the A — Residential District.
It was rezonedPH- residential High -Density in 1965. In March of 1997, in order to implement City
Plan and Land Use Code, the 1.267 acre property now being considered for rezoning was placed
in the CC — Community Commercial District. In March, 1999, in accordance with the adoption of
the West Central Neighborhoods Plan, the property was rezoned MMN - Medium Density Mixed -
Use Neighborhood. The MMN District does not permit a coffee and pastry/deli shop (fast food
restaurant) as requested on the Rezoning Petition. Therefore, the rezoning request does not comply
with City Structure Plan and the West Central Neighborhoods Plan.
APPLICANT. • Eastpoint Studio, LLC
c% Don Brookshire
3207 Kittery Court
Fort Collins, CO 80526
OWNER: Hellenic Plaza, LLC
P.O. Box 1613
Fort Collins, CO.
BACKGROUND
Backeround:
337
October 4, 2005
The surrounding zoning and land uses are as follows
N.• RL, NCB; Existing single-family residential
S: Not Zoned; Existing Colorado State University Alumni Center
E: NCL; Existing single-family residential
W: MMN; Existing sorority house (Chi Omega)
The property was annexed as part of the Delta Eta House Association Annexation in February,
1964, and zoned A (a residential district).
The property was rezoned RH - Residential High -Density in 1965 and remained RH until March,
1997.
The property was rezoned CC - Community Commercial in March, 1997 with the adoption of the
new comprehensive plan, City Plan.
The property was rezoned MMN-Medium Density Mixed -Use Neighborhood in March, 1999 with
the adoption of the West Central Neighborhoods Plan.
The property has not been platted to date. However, it does contain one vacant building, most
recently having been the Sigma Chi Fraternity House.
City Plan Rezoning
In March of 1997, in order to implement City Plan and Land Use Code, the 1.267 acre property now
being considered for rezoning was placed in the CC— Community Commercial District. In March,
1999, in accordance with the adoption of the West Central Neighborhoods Plan, the property was
rezoned MMN- Medium Density Mixed -Use Neighborhood.
Current Request
The applicant, Hellenic Plaza, LLC, c% Eastpoint Studio, LLC/Don Brookshire, filed a rezoning
petition with the City on July 15, 2005. The applicant is requesting a rezoning of 1.267 acres from
MMN— Medium Density Mixed -Use Neighborhood to CC - Community Commercial. The MMN
District does not permit a coffee and pastry/deli shop (fast food restaurant) as requested on the
Rezoning Petition. The property currently contains one vacant building, most recently having been
the Sigma Chi Fraternity House.
The requested zoning for this property is the CC - Community Commercial District. There are
numerous uses permitted in this District, subject to either administrative review or review by the
Planning and Zoning Board. The City's adopted Structure Plan, apart of the Comprehensive Plan,
presently suggests that Medium Density Mixed -Use Residential is appropriate in this location.
In evaluating the rezoning request, staff is guided by Article 2, Sections 2.9.4(H)(2) and (3). The
request to rezone the 1.267 acre parcel is considered a quasi-judicial action since the parcel is less
338
October 4, 2005
than 640 acres. The requested rezoning and amendment to the Zoning Map shall be recommended
for approval by the Planning and Zoning Board or approved by City Council only if the proposed
amendment is consistent with the City's Comprehensive Plan.
West Central Neighborhoods Plan
The Land Use and Housing Densities Plan, as part of the West Central Neighborhoods Plan,
adopted in March, 1999, identifies this property as Medium Density Mixed -Use. As stated in Policy
BI ofthe West CentralNeighborhoods Plan, underMedium Density Mixed -Use ResidentialAreas:
"Areas currently devoted to, or in the future developed/redeveloped into, higher density and
intensity multi family residential uses including apartment complexes, condominiums,
townhomes, fraternity and sorority houses, and other types ofgroup quarters, and mixed -use
dwellings (residential units located with non-residential uses, e.g., units on the upperfoors
of non-residential uses) along with supporting uses such as schools, churches, parks, etc. "
This section goes on to say that these areas should either retain their current MMNZoning applied
during the City Plan community -wide rezoning effort in March, 1997, or be rezoned from the
current CC - Community Commercial to the MMNZone.
As stated in Policy B2 of the West Central Neighborhoods Plan, under Medium Density Mixed -Use
Neighborhood District (MMN):
"The Medium Density Mixed -Use Neighborhood District is intended to be a setting for
concentrated housing within easy walking distance of transit and a commercial district.
These neighborhoods form a transition and link between surrounding neighborhoods and
commercial areas."
This property, being in the MMNDistrict, is north of and in close proximity to the Campus West
commercial area in the CC - Community Commercial District. The intent of the West Central
Neighborhoods Plan for this area is to revitalize and create a stronger CC zone district to the south
of the subject property, in the Campus West area, and discourage the proliferation of commercial
uses along the South Shields Street arterial street frontage. At this time the requested rezoning of
the propertyfrom MMN to CC is not in compliance with the adopted West Central Neighborhoods
Plan.
Structure Plan
The City Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a
basic framework, showing how Fort Collins should grow and evolve over the next 20 years. The map
designates theparcelas "Medium Density Mixed- Use Residential." Therefore, therequestforCC-
Community Commercial zoning is not in compliance with the City Structure Plan.
339
October 4, 2005
Findings
In evaluating the request for the Hellenic Plaza Rezoning, Amendment to the Zoning Map from
MMN — Medium Density Mixed -Use Neighborhood to CC - Community Commercial,
Recommendation to City Council, Staff makes the following findings of fact:
1. With the City Plan rezoning in March of 1997, in order to implement City Plan and Land
Use Code, the]. 26 7 acre property now being considered for rezoning was placed in the CC
— Community Commercial District. In March, 1999, in accordance with the adoption of the
West Central Neighborhoods Plan, the property was rezoned MMN - Medium Density
Mixed -Use Neighborhood.
2. The requested rezoning of the property from MMN - Medium Density Mixed -Use
Neighborhood to CC - Community Commercial is not in compliance with the adopted West
Central Neighborhoods Plan.
3. The subject propertyfor the Hellenic Plaza Rezoning is designated on City Structure Plan
as "Medium Density Mixed -Use Residential ". The request to rezone the property to CC -
Community Commercial, therefore, does not comply with the City Structure Plan.
4. The request to rezone does not satisfy the applicable review criteria of the Section 2.9.4 (H)
of the Land Use Code. "
City Manager Atteberry introduced the agenda item.
Steve Olt, City Planner, gave the staff presentation, noting the requested rezoning would change the
property from MMN, Medium Density Mixed Use Neighborhood, to CC, Community Commercial
in order to provide a mixed -use type of development which would contain business, personal
service, and possibly office uses as well as a fast-food restaurant. He stated the property is located
at the northwest comer of South Shields and Birch. He stated the requested rezoning is not
supported by City Plan and is not in compliance with the City Structure Plan. Additionally, this
property was identified by the West Central Neighborhoods Plan as most appropriately zoned MMN.
Olt stated that, for these reasons, staff is recommending denial of the requested rezoning. He noted
the Planning and Zoning Board unanimously recommended denial of the rezoning at its September
15, 2005 meeting.
Councilmember Weitkunat asked if the MMN zone allows some business ventures.
Olt replied the MMN zone does permit office, business, and personal services uses, but not retail
nor restaurants and specifically does not allow fast-food restaurants.
Councilmember Weitkunat asked if the NCB, Neighborhood Conservation Buffer, zone allows fast-
food uses.
LE1
October 4, 2005
Olt replied a mixed -use structure is the only place where a retail -type use can occur in the NCB
zone. He stated it is staff s contention that the property's transitional location, as described by the
applicant, does fit the current MMN zoning and there is no need to change the zoning on the
property at this time.
Ken Waido, Chief Planner, gave a brief history of the West Central Neighborhoods Plan noting
Campus West was slated to be a major commercial activity center and it was desirable to not allow
commercial development to strip out along South Shields Street.
Councilmember Ohlson clarified that a negative vote on this item would in fact be upholding the
staff and Planning and Zoning Board viewpoint.
City Attorney Roy noted a Structure Plan amendment would also likely be needed if Council were
to approve the rezoning.
Councilmember Kastein asked Waido to describe the reason for CC zoning not being recommended.
Waido replied City Plan calls for areas around an activity center to be of a higher residential density,
which is why the area was designated MMN during the West Central Neighborhoods Plan
formation. He noted this would be an isolated area of CC zoning if it were to be rezoned.
Councilmember Weitkunat made a motion, seconded by Councilmember Ohlson, to adopt Ordinance
No. 118, 2005 on First Reading.
Councilmember Ohlson stated he would vote against the rezoning due to its non-compliance with
the Structure Plan and West Central Neighborhoods Plan, as well as the staff and Planning and
Zoning Board's recommendations of denial.
Councilmember Kastein stated he would vote against the rezoning because it would be an isolated
patch of CC zoning.
Councilmember Weitkunat stated she would vote against the rezoning.
Mayor Hutchinson stated the MMN should serve as a transition between commercial and residential
zones.
The vote on the motion was as follows: Yeas: None. Nays: Councilmembers Brown, Hutchinson,
Kastein, Manvel, Ohlson, Roy and Weitkunat.
THE MOTION FAILED.
(Secretary's Note: The Council took a brief recess at this point.)
341
October 4, 2005
Ordinance No. 119, 2005
Amending Chapter 13 of the City Code to Add a New Article III
Concerning Discrimination Based on Immigration Status, Defeated on First Readine
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Some funding will be required for a training and education program required by the Ordinance.
A specific amount and the source for funding this program has not yet been identif ed.
EXECUTIVE SUMMARY
This Ordinance will add provisions to the City Codeprohibiting City employees from inquiring into
the immigration status of any person or from using City resources for the purpose of detecting or
apprehending persons whose only violation of law is being an undocumented alien. Exceptions to
these prohibitions are set forth in the Ordinance for those situations where it is necessary to inquire
into the immigration status of a person.
The Ordinance requires the CityManager to implement an ongoing training and education program
to inform City employees and members of the community about the Ordinance requirement.
BACKGROUND
In January, 2004, the City's Human Relations Commission brought forth a draft "Human Rights
Protection Ordinance" and asked that City Council consider its adoption. Council responded by
adopting Resolution 2004-037 in March, 2004, which authorized and directed the HRC to establish
a citizen task force to review the issues raised in the draft ordinance and to provide Council with
any recommendations made by such task force.
On March 16, 2004, Resolution 2004-044 was approved, appointingfourteen community members
to the HRC Task Force which would review and make recommendations regarding the draft
ordinance.
After meeting for several months, the Task Force made its presentation to City Council at a study
session on September 14, 2004. At that study session, three members of City Council directed the
City Attorney's Office to draft a new version of the ordinance that addressed the Task Forces'
recommendations while taking into account the needs of the City government. The City Attorney
met with the Task Force and developed theproposed ordinance. The Human Relations Commission,
with support from the Task Force, is now bringing the ordinance forward for consideration by City
Council.
The Ordinance has the following provisions:
Defines a City employee to include elected City officials, authorized volunteers, and
members of City boards and commissions.
Prohibits City employees from inquiring into the immigration status of any person, or
engaging in activities designed to ascertain the immigration status of any person.
342
October 4, 2005
3. Prohibits City employeesfrom using City resources orpersonnelfor thepurpose ofdetecting
or apprehending persons whose only violation of law is or may be being an undocumented
alien, being out of immigration status, or illegally residing in the U.S.
4. Provides several exceptions for those situations where City employees would have a
legitimate need to inquire about the immigration status, such as:
A. When required by state or federal law or program (e.g., federal I-9 compliance for
City employment, state liquor license application);
B. When relevant to threatened or actual civil litigation or administrativeproceedings;
C. When it is essential to the investigation or prosecution of a violation of a criminal
statute (includes felonies and misdemeanors but excludes petty offenses and civil
traffic infractions); and
D. When law enforcement officers or court employees find it reasonably necessary for
bonding, conditional release, warrant, or arrest, or when relevant to plea
negotiations, sentencing decisions, or other court proceedings.
5. Allows City employees performing public safetyfunctions to assist federal law enforcement
officers in the investigation of criminal activity involving persons present in the U.S. who
may also be in violation offederal immigration laws, providing the assistance is consistent
with the ordinance. This provision, in conjunction with #3 above, would prohibit a City
police officer from aiding in a federal investigation or apprehending a person at the request
offederal authorities, if the only reason for conducting the investigation or requesting the
apprehension was the allegation that the person was an illegal alien.
6. Requires City employees to accept photo IDs issued by a person's nation of origin, such as
a passport, foreign country drivers license, or matricula consular, when the City employee
is obtaining proof of identity, unless state or federal law require a higher level of
identification. While most City -offered services do not require a higher level of identity
proof, several do based on federal or state law, including city employment, liquor license
application, and notary services.
Requires a City employee to tell a person why the City employee is requesting immigration
status information if the person so requests.
8. Requires the City Manager to implement an ongoing training and education program to
inform City employees and members of the community regarding the requirements of this
Ordinance.
Finally, there are two laws (one federal and one state) which do not directly conflict with the
Ordinance, but which are important to be aware of so that the Ordinance is not interpreted or
applied so as to be in conflict.
343
October 4, 2005
The first is Title 8 of the U.S. Code, section 1373, which provides that no local law can be passed
which prohibits or in any way restricts agovernment employeefrom sending to federal immigration
enforcement officials information regarding the immigration status of any person. This law also
permits City employees to exchange immigration information with any otherfederal, state, or local
government. The Ordinance does not specifically prohibit these activities.
The second is Colorado Revised Statute section 24-72.1-103, which prohibits a city from accepting,
relying upon, or utilizing an identification document to provide services unless it is "secure and
verifiable. " The statute defines a "secure and verifiable" document as one that is used by a state or
federal jurisdiction or recognized by the U.S. government and that is verifiable by federal or state
law enforcement, intelligence, or homeland security agencies. The Ordinance contains a footnote
which references this statute in the context of requiring City employees to accept ID other than U.S.
state -issued drivers' licenses. The Ordinance permits City employees to accept IDs as may be
required by state and federal law. "
City Manager Atteberry introduced the agenda item. He recognized Kelly DiMartino,
Communication and Public Involvement Coordinator, and Chief of Police Dennis Harrison, for their
work and involvement in the item. He noted Police Captain Don Vagge was in attendance at the
meeting in Chief Harrison's stead.
DiMartino stated this issue first came before Council in January 2004 as a proposed Human Rights
Protection Ordinance. Council responded by authorizing the Human Relations Commission to
appoint a Citizen Task Force to more fully look at the proposed Ordinance. DiMartino introduced
Parker Preble, Human Relations Commission Chairperson and Janet Long and Blaine Harding,
members of the Task Force to complete the presentation.
Preble spoke regarding the formation of the currently proposed Ordinance and the history of the
Human Relations Commission. He noted the Task Force chose to focus on the issue of immigration
and the draft Ordinance was agreed upon unanimously by the Task Force, including Chief Harrison
who was in agreement with the wording of the Ordinance but thought its execution and
implementation may be difficult for Police Services. Preble stated the Task Force agrees there may
be a need for changes in the Immigration Policy of the United States; however it is not within the
forum of the City to take on that task. He stated the task at hand is to smooth out human relations
in the City.
Blaine Harding, Colorado State University Professor and Task Force Member, stated this Ordinance
involves issues of safety, respect, community, equality, and justice. He stated individuals have a
fear of reporting crimes not only committed against themselves, but also against others to which they
may have been witnesses and this Ordinance will help enhance public safety by standardizing the
Police reporting process. He asked Council to look at the issues and consider the safety of this
community when considering this item.
Janet Long, attorney and Task Force Member, stated immigration is handled by the federal
government, not by state or local governments and, for that reason, this Ordinance does not attempt
344
October 4, 2005
to rescind or modify federal immigration law and is not a sanctuary law. She stated this Ordinance
allows Police to investigate crime and protect victims.
Leroy Gomez, 3213 Sharps, spoke in support of the Ordinance and urged Council to adopt it.
Terri Graham spoke against the Ordinance.
Linda Knowlton, 3230 Monarch Court, spoke against the Ordinance.
Greg Snyder, 619 Bear Creek Drive, spoke in opposition to the Ordinance.
Rich Salas, 319 Bluebird Court and representative of the Latino Action Council, spoke in support
of the Ordinance. He stated the Ordinance does not interfere with federal investigation and it
protects all residents from unnecessary interrogation.
Karen Roble spoke in opposition to the Ordinance and read from a letter from the 911 Families for
a Secure America from Staten Island, New York which also opposed the Ordinance.
Peter O'Neill, 3346 Egret Court, spoke against the Ordinance.
Fred Elbell, Director of Colorado Alliance for Immigration Reform, spoke in opposition to the
Ordinance citing a Supreme Court case in which the Court ruled unanimously that asking for
immigration status is acceptable.
Yvonne Longacre, 1550 Blue Spruce Drive, spoke in opposition to the Ordinance.
Steven Schulman, Economics Professor at Colorado State University and Bellevue resident, spoke
against the Ordinance.
John Long spoke against the Ordinance.
Steve Urash, 2920 Waterstone Court, spoke in opposition to the Ordinance citing an instance in
California of a sanctuary policy resulting in jail overcrowding.
Trudy Haines, 625 Hinsdale Drive, spoke in opposition to the Ordinance, noting illegal immigration
has a negative impact on minimum wage laborers.
Perry Lorenz, 2406 Pine Needle Court, spoke against the Ordinance.
Joe Ramagli, 1115 Woodford Avenue, spoke in support of the Ordinance stating it protects people
who are at a disadvantage.
Audrey Faulkner, 731 West Olive Street, spoke in support of the Ordinance.
Paul Bame, 520 North Sherwood, spoke in favor of the Ordinance.
345
October 4, 2005
Robert Kopley, Colorado Minutemen member, spoke against the Ordinance.
Larry Wallace, Loveland resident, spoke against the Ordinance stating he is pro -legal immigration.
Kimi Jackson, 1112 Kirkwood Drive, spoke in favor of the Ordinance.
Soccoro Prado spoke in support of the Ordinance stating it would make her feel less fearful in Fort
Collins.
Kimberly Salinas, 116 North McKinley Avenue and immigration law attorney, spoke in favor of the
Ordinance stating the Ordinance does not interfere with the enforcement of immigration law nor is
it a sanctuary policy.
Gary Wallace, Loveland resident, spoke in opposition to the Ordinance.
Will Weatherford, 840 Helena Court, spoke against the Ordinance.
Bob Michael, 1212 Raintree Drive, spoke against the Ordinance.
Cordelia Stone, 4512 Moccasin Circle, spoke against the Ordinance.
Steve Zegenhegen spoke in opposition to the Ordinance.
Bruce Hall, 924 Whalers Way, supported the Ordinance.
Olivia Abeyta, 415 South Howes, spoke in support of the Ordinance.
Jerry Gavaldon, 1252 Solstice Lane, spoke in opposition to the Ordinance.
Jeff Bush urged Council to defeat the Ordinance.
Lisa Olivas, Wood Valley Court, spoke in support of the Ordinance stating the issue of illegal
immigration is outside the scope of the Ordinance.
Kevin Cross, 300 Peterson, spoke in support of the Ordinance.
Allison Miller, 908 Laporte Avenue, supported the Ordinance.
Stan Weeks, Boulder resident, opposed the Ordinance.
Emily Hornbeck, 337 Wood Street, spoke in support of the Ordinance.
Glen Colton, 625 Hinsdale Drive, urged Council to defeat the Ordinance.
Cheryl Distaso, 135 South Sunset Street, spoke in support of the Ordinance.
346
October 4, 2005
Carl Kling, Boulder resident, opposed the Ordinance
Councilmember Kastein asked about the types of services provided to low-income residents and
whether or not those services are included in this Ordinance to be granted regardless of immigration
status.
DiMartino replied the City does not currently ask questions regarding immigration status for those
types of services.
Councilmember Kastein asked what the requirement is to receive those services.
DiMartino replied, that at least for the Rebate Program, applicants have to provide proof of income.
City Manager Atteberry stated the rebate process typically involves submission of copies of federal
tax returns, Social Security forms, and income documentation. He added the Housing Authority
federal programs require one member of the household to have legal immigration status and the
subsidies are prorated based on the number of legal immigrants in the household. Illegal immigrants
do not receive a subsidy.
Councilmember Kastein noted those services appear to be dependent on immigration status and cited
the first "Whereas" clause in the Ordinance which states the City strives to provide equal services
to individuals in need regardless of immigration status. He asked staff to address that contradiction.
Harding replied the wording is simply referring to the services within the current framework of how
the City actually operates.
Mayor Hutchinson asked how many people have been deported from the United States though
actions where City employees or Police were involved.
Captain Vagge replied it is extremely rare and INS is usually not interested in deporting someone
unless he or she has committed a serious felony.
Councilmember Manvel asked if passage of this Ordinance would change the behavior of the Police.
Captain Vagge replied Chief Harrison is not entirely in agreement with the Ordinance and does have
some concerns about some of the language.
Councilmember Roy asked how many especially violent crimes (i.e., rape, domestic violence,
trafficking) have been committed in the community in the last couple years.
Captain Vagge replied there have been a number of those cases but he did not know exactly how
many involved illegal immigrants.
Councilmember Manvel asked if Chief Harrison was in support of the Ordinance in its current form.
347
October 4, 2005
Captain Vagge replied it is his understanding Chief Harrison would not support the Ordinance in
its current form.
Councilmember Weitkunat stated the previous Council had asked the Task Force to review the
issues associated with the Human Rights Protection Ordinance and come up with recommendations
and direction, not necessarily an Ordinance. She asked if the Task Force considered some other
alternatives to the problems with the Human Rights Protection Ordinance as previously proposed
and if there were any other alternatives besides creating a new law dealing strictly with immigration
status.
Preble replied many alternatives were considered, including gender, employment status, and age.
He stated that in the final analysis, the Task Force thought immigration was the largest problem.
Councilmember Weitkunat asked if the Task Force had considered education or other methods to
work out discrimination rather than a new law.
Preble replied there were other choices available but the Task Force chose the current path and
understood its charge to be creation of a Human Rights Protection Ordinance.
Long stated the Task Force believes education is an important component of this process; however,
most of the Task Force felt an Ordinance was necessary.
DiMartino noted education is a part of the Ordinance
City Manager Atteberry stated that, without a doubt, there was disagreement between Chief Harrison
and the Task Force about the need for an Ordinance. He stated Chief Harrison does not support an
ordinance but may be amenable to a resolution because it would be used more for guiding
administrative policy and for making statements about policy whereas an ordinance specifically sets
law. He added staff is committed to continue training on these issues. He expressed concern that
any ordinance violation potentially constitutes a criminal offense which could ultimately result in
the criminal prosecution of City employees who are acting in good faith.
Mayor Hutchinson asked if being an illegal alien is a civil offense.
City Attorney Roy replied that the status of being an illegal alien is not in itself a crime; however,
if the status was gained by an illegal entry or documentation fraud, there could be a crime associated
with illegal status.
Mayor Hutchinson asked if a violation of this Ordinance by a City employee would be a criminal
offense.
City Attorney Roy replied it could be because a violation of any City ordinance is a misdemeanor
criminal offense punishable by up to 6 months incarceration or $1,000 fine or both.
Councilmember Ohlson asked if entering the country illegal is a criminal or civil offense.
Em
October 4, 2005
City Attorney Roy replied it is a criminal offense
Councilmember Kastein asked if there is any requirement from the federal government to report
immigrants if their status is determined to be illegal by local officials.
Assistant City Attorney Greg Tempel replied there is no such requirement.
Councilmember Roy asked what other types of ordinances may subject City employees to charges
if violated by those employees.
City Attorney Roy replied the possibility exists for any City employee who violates any provision
of the City Code that has not specifically been de -criminalized, to be prosecuted.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
119, 2005 on First Reading.
Councilmember Weitkunat stated she would not support the Ordinance noting there are means other
than laws to deal with the issues.
Councilmember Roy thanked the Task Force for its work. He stated this issue has come down to
two words: compassion and dignity. He noted sustainability is a global issue. He stated there has
been more harm done to our civil liberties by the Patriot Act than could ever be done by illegal
immigrants. He stated he would support this Ordinance, not because it is acceptable to break the
law, but because there are people in Fort Collins who have not felt safe enough to report crimes.
Councilmember Brown thanked the Task Force for its work. He stated he could not support any
Ordinance that gives the impression this is a sanctuary city.
Councilmember Manvel stated this is a very difficult issue noting there are clear, valuable arguments
on both sides. He stated he could support the Ordinance if he really believe it would make racial
profiling less likely in the community. He stated he did not think that was the case because police
officers are already adequately trained on that issue. He stated he could vote against the Ordinance
because it could be an extra burden on the police.
Councilmember Kastein thanked the Human Relations Commission and Task Force. He stated it
is truly a problem there are instances of crimes not being reported for fear of deportation. He stated
he did not agree that City services should be provided to illegal immigrants, primarily because we
cannot afford it. He stated he would not support the Ordinance.
Councilmember Ohlson stated respect for human rights needs to be systemic and permanent in the
City organization. He noted the Ordinance does not mention human rights at all but does mention
immigration multiple times. He stated it is not a human rights ordinance but an immigration
ordinance as it relates to City policy. He stated he would oppose the Ordinance but would work to
improve the City's role and respect for Human Rights at all levels within the organization and
community systemically.
349
October 4, 2005
Mayor Hutchinson stated the most illuminating testimony was the outburst of applause at
Councilmember Roy's comments which laid out some of the problems the community really has.
He stated these problems are not what the Ordinance is about, it is about immigration status and
what City employees are able to do. He stated the issue is not about division nor is it a referendum
on immigration. He stated he would not support the Ordinance.
The vote on the motion was as follows: Yeas: Councilmembers Manvel and Roy. Nays:
Councilmembers Brown, Hutchinson, Kastein, Ohlson and Weitkunat.
THE MOTION FAILED.
(Secretary's Note: The Council took a brief recess at this point.)
Public Hearing on the 2006-2007 Recommended
Biennial Budget for the City of Fort Collins, Held
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
This is the second official Public Hearing on the CityManager's 2006-2007Recommended Biennial
Budget for the City of Fort Collins. The first Public Hearing was held on September 20, 2005.
First Reading of the Ordinance adopting the 2006-2007 biennial budget is scheduled forNovember
2, 2005, with Second Reading of the Ordinance on November 15, 2005.
Additional public input was taken at Budget Open House and Public Education Sessions held
Monday, September 19, 2005 and Thursday, September 22, 2005.
The City Manager's 2006-2007 Recommended Budget can be reviewed at the Main Library, the
Harmony Branch Library, or the City Clerk's Office. The recommended budget can also be viewed
on the internet at www.f�zov.com/budget. "
City Manager Atteberry reported the Budget Open Houses were held September 19 and 22, a work
session will be held October 11, and the Budget Adoption Ordinance will be heard on first and
second reading November 2 and 15, respectively.
Vivian Armendariz spoke regarding Dial -a -Ride and asked that funding for night service be
maintained.
Susan Williams, 400 Impala Drive, expressed concern about reductions in Dial -a -Ride funding.
Alona Winfield, 411 Park Street, asked that Dial -a -Ride night funding be maintained.
Phil Koster, 5151 Boardwalk, spoke in support of the continuation of the Human Rights Resource
and Education Office.
[Xf
October 4, 2005
Sarah Allman, 1200 East Stuart, #38, asked that funding for Transfort and Dial -a -Ride be
maintained.
David McTannel, Loveland resident and Disabled Resource Services employee, asked that night
Dial -a -Ride services remain.
Toni Lueck, 2400 North Taft Hill Road, stated Dial -a -Ride is an essential service for her and other
disabled residents and asked that its funding not be cut.
Mims Harris,1205 Kirkwood Drive, read a letter from Alma Vigo -Morales which expressed concern
about the potential closure of the Human Rights Office.
Donna Johnson, 401 North Timberline, read a letter from Dawn Scott which expressed concern
about the reduction in funding for Dial -a -Ride. She expressed her own concerns about the possible
funding cuts for Dial -a -Ride.
Kay Rios, 1501 Patton, expressed concern about the budget cuts to affordable housing programs,
reduction in library operations, teen services, and Dial -a -Ride funding, and increases in user fees
and impact fees.
Bruce Hall, 924 Whalers Way, stated the proposed cuts punish those dependent on public services.
He asked that funds not be cut for Dial -a -Ride and suggested duplicate Transfort routes be cut in
order to increase service where not available.
Sharon Bottoms, 3200 Alumbaugh Court, expressed concern regarding Dial -a -Ride funding cuts.
Marcia Fitzhom, 2101 Rollingwood, asked for an increase in public transit funding.
Kathleen Riggon, 411 Park Street, asked that Dial -a -Ride funding not be cut.
Nancy York, 130 South Whitcomb, asked Council to re -consider some of the funded items in favor
of programs slated to be cut, specifically public transportation.
Lee Winfield, 411 Park Street, expressed support for the current levels of funding for Transfort and
Dial -a -Ride.
Sally Miles, 606 Homestead Court, expressed support for City Cable Channel 14 and library
funding.
Jenny Shock, Wellington resident, asked Council to continue funding for Transfort and Dial -a -Ride.
Lou Stitzel, 521 East Laurel, asked Council to consider keeping funding for the Youth Activity
Center, Dial -a -Ride, and Transfort.
Sietta Winfield, 411 Park Street, asked that Dial -a -Ride night service remain.
351
October 4, 2005
Barbara Goff, 808 West Prospect Road, spoke as a Commission on the Status of Women member,
and expressed concern about budget cuts affecting youth, elderly, and low-income residents.
Councilmember Ohlson stated he does not agree with eliminating Dial -a -Ride night service. He
stated he would like to see alternatives using non -profits or other funding sources.
Councilmember Roy expressed apologies for the fact that some individuals were not able to speak
because they relied on Dial -a -Ride.
Councilmember Kastein noted the Dial -a -Ride service costs $170,000 for 5 rides per night. He
stated he would like to see increased funding for police officers, if anything were to be added to the
budget.
Councilmember Ohlson stated he would like the Leadership Team to work with staff on budget
issues prior to the first and second readings of the budget adoption ordinance.
Mayor Hutchinson stated he would like staff to consider various options with respect to Dial -a -Ride.
City Manager Atteberry stated he would like to deliver the most complete budget possible for First
Reading rather than have numerous changes between first and second readings.
Adjournment
The meeting adjourned at 11:30 p.m.
c
Mayor
ATTEST:
City Clerk
352