HomeMy WebLinkAboutMINUTES-01/21/1997-RegularJanuary 21, 1997
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 21, 1997,
at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner.
Staff Members Present: Fischbach, Roy, Krajicek.
Citizen Participation
Yolanda C. Nicely, Trilby Mobile Home Park 940A, expressed concerns regarding the increasing
number of suicides and spoke of the agencies available to help.
Citizen Participation Follow-up
Councilmember Janett spoke of the public service announcement on Channel 27 and asked if the
Bulletin Board contained information regarding suicide prevention services available to residents.
Agenda Review
City Manager John Fischbach stated Item #9, First Reading of Ordinance No. 4, 1997, Authorizing
the City to Grant Non -Exclusive Utility and Drainage Easements and a Temporary Construction
Easement to Land Source LLC at the Collindale Golf Course, has been pulled from the Consent
Agenda and rescheduled for February 4. He clarified Item #12, Resolution 97-9Authorizing the City
Manager to Enter Into an Agreement with Colorado Association of Transit Agencies and Other
Transit Agencies to Obtain Certain General Funds for Capital Projects for Transit, has been
revised, Item #17, Consideration of the Appeal of the October 9, 1996, Determinations of the
Current Planning Director Regarding the Conditions oj'Ordinance No. 143, 1995 Pertaining to the
Dry Creek Mobile Home Park, has been rescheduled for February 4, and Item # 19, First Reading
of Ordinance No. 13, 1997, Submitting Proposed Amendments to Various Articles of the City
Charter, Pertaining to Residency Requirements, to a Vote of the Registered Electors of the City of
Fort Collins. (Options A through E) (Proposed CharterAmendment No. 6), contains a new Option
F.
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**"CONSENT CALENDAR***
This Calendar is intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may
request an item on this calendar to be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar by the Public will be considered separately under
Agenda Item 914,. Public Pulled Consent Items.
7. Consideration and approval of the regular meeting minutes of July 2. July 16, August 6.
August 20, September 3. September 17 and. October 1. 1996, and the adjourned meeting
minutes of July 23 and September 24, 1996,
8. First Reading of Ordinance No. 3. 1997, Appropriating Prior Year Reserves in the Sales
& Use Tax Fund for a Rebate of Development Fees to Hewlett-Packard.
Ordinance No. 132, 1996, adopted by Council on November 5, 1996, authorized an estimated
development fee rebate of $232,681 to Hewlett-Packard. On January 10, 1997 Hewlett-
Packard applied for and received a building permit for a new 180,000 square foot office
building.
City Code Section 5-328(b) requires that the ratio of tax revenues over a 20-year period be (`
at least twice the direct City costs for infrastructure construction over the same 20-year
period. Twice the infrastructure costs for this project were estimated to be approximately
$40,000. The $265,299.02 in building permit use tax paid by Hewlett-Packard far exceeds
$40,000 and allows for an immediate payback of the estimated fees. Once appropriated, a
rebate of $219,267 will be given to Hewlett-Packard in February, 1997.
It is Hewlett-Packard's intent to reinvest this $219,267 into the Poudre School District in the
form of technology grants. Staff sees this offer as a most desirable public -private partnership
and commends Hewlett-Packard for this innovative approach.
9. First Reading of Ordinance No. 4, 1997, Authorizing the City to Grant Non -Exclusive Utility
and Drainage Easements and a Tempora[y Construction Easement to Land Source LLC at
the Collindale Golf Course.
The Greens at Collindale, PUD is a proposed 33 unit housing development located on 6.42
acres of land adjacent to the 7th fairway and 8th tee boxes at Collindale Golf Course,
between the course and Lemay Avenue. In 1985, a street project was initiated to extend
Lemay Avenue from Horsetooth Road to the Golden Meadows Subdivision. An eminent
domain action was needed to acquire a strip of needed right-of-way across the property that
is now known as The Greens at Collindale, PUD As part of the court settlement, the City
r
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January 21, 1997
agreed that the owners or successors of the Greens would be entitled to obtain an easement
to install a sanitary sewer line across the Golf Course property when their property
developed. The proposed sanitary sewer line would run through Collindale Golf Course to
Sherman Court, to be constructed on the southern Golf Course boundary from the southeast
comer of the project property, between the #6 green and the fence line, across a ditch along
the #6 fairway/rough area, to Sherman Court.
10. First Reading of Ordinance No. 5, 1997, Authorizing the City to Grant a Non -Exclusive
Utility Easement for Gas Service to Public Service Company of Colorado.
The City owns the facility known as the Mulberry Water Reclamation Facility, located at 900
Riverside Avenue. The Water Utilities has a project known as the Mulberry Water
Reclamation Facility Improvements Project. This project provides for the upgrading and
replacement of certain building mechanical systems. The upgraded systems provide for
increased air exchanges in the buildings to meet current guidelines for wastewater treatment
facilities.
Historically these buildings were heated using propane or electricity because natural gas was
not available on the site. An analysis of the impacts on heating costs associated with the
upgraded mechanical systems indicated that natural gas would provide the most cost-
effective long-term source for building heat. In order to provide natural gas to the various
buildings, the installation of a pipeline by Public Service is required around the east and
north perimeter of the plant site. In order to construct, operate and maintain this pipeline,
a ten foot (10') easement is required by Public Service Company. The easement is not
expected to affect the Water Utility's use of its property at 900 Riverside Avenue.
11. Items Relating to Provision of Regional Bus Service Between Fort Collins and Loveland.
A. Resolution 97-8 Authorizing the City Manager to Enter into an Intergovernmental
Agreement with the City of Loveland and Latimer County to Provide Regional Bus
Service Between Fort Collins and Loveland.
B. First Reading of Ordinance No. 6, 1997, Appropriating Unanticipated Revenue in
the Transit Services Fund and Authorizing the Transfer of Existing Appropriations
to be Used to Provide Regional Bus Service Between Fort Collins and Loveland.
Staff has determined that there is sufficient demand to warrant establishment of fixed -route
bus service on the U.S. Highway 287 corridor between Fort Collins and Loveland, with
additional limited service within the City of Loveland. The City of Fort Collins has its own
fixed route bus system (Transfort) and has determined that it can provide this additional
service. The costs for providing the service would be distributed as outlined above. The
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January 21, 1997
proposed Intergovernmental Agreement stipulates that each entity will pay the City of Fort
Collins and the City (through Transfort) will provide the service. The Ordinance
appropriates the funds received from the participating entities under the Intergovernmental
Agreement, and transfers Community Opportunity and Investment funds in the General Fund
to the Transit Services fund for the City's share of the cost of service.
12. Resolution 97-9 Authorizing the Citv Manager to Enter Into an Agreement with Colorado
Association of Transit Agencies and Other Transit Agencies to Obtain Certain General Funds
for Capital Projects for Transit.
The regional Federal Transit Administration staff for Colorado has recommended that
Colorado transit agencies join the eighteen other states that have in the past sought and
obtained federal Section 5309 funding for capital projects for transit through congressional
earmarking of such funds during the federal budget process. For federal fiscal year 1998
(October 1, 1997 through September 30, 1998), the City and nine other Colorado transit
agencies are seeking to join together in requesting these funds. An intergovernmental
agreement documenting the joint effort and establishing the mechanism for carrying out the
project has been negotiated by the participating transit agencies with the Colorado
Association of Transit Agencies, which will administer the process of advancing the joint
request to Congress. The agreement provides for proportional sharing of the expenses of
providing a lobbying effort to support the request before Congress, along with proportional
sharing of the final capital funds allocated by Congress, among the participating transit
agencies.
13. Routine Deeds and Easements.
A. As part of the approval of the Cluster Development Plan of the Ponds at Overland
Trail, the developer was required to permanently preserve 121.8 acres of open space
located west of the Dixon Feeder Canal and the Ponds at Overland Trail. Wally Noel
owns a 50 percent interest in the open space and quit claimed his interest to the City
of Fort Collins on December 30, 1996. Gateway American LLC owns the remaining
50 percent which will be dedicated to the city, in accordance with the annexation
agreement on or before September 30, 1997. Monetary consideration: $0.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
8. First Reading of Ordinance No, 3. 1997, Appropriating Prior Year Reserves in the Sales
& Use Tax Fund for a Rebate of Development Fees to Hewlett-Packard.
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January 21, 1997
First Reading of Ordinance No. 4. 1997. Authorizing the City to Grant Non -Exclusive
Utility and Drainage Easements and a Temporary Construction Easement to Land Source
LLC at the Collindale Golf Course,
10. First Reading of Ordinance No. 5, 1997, Authorizing the City to Grant a Non -Exclusive
Utility Easement for Gas Service to Public Service Company of Colorado.
11. First Reading of Ordinance No. 6. 1997, Appropriating Unanticipated Revenue in the
Transit Services Fund and Authorizing the Transfer of Existing Appropriations to be Used
to Provide Regional Bus Service Between Fort Collins and Loveland.
18. First Reading of Ordinance No. 7, 1997, Amending and Adding Sections to Article V of
Chapter 12 of the City Code Pertaining to the Sale of Tobacco Products and the Use of
Tobacco Products by Minors.
19. Items Placing Proposed Charter Amendments on the April 8, 1997 Regular Municipal
Election Ballot,
A. First Reading of Ordinance No. 8, 1997, Submitting Proposed Amendments to
Articles II, V, and XII of the City Charter, Pertaining to the Governance of the
Electric Utility, to a Vote of the Registered Electors of the City of Fort Collins.
(Proposed Charter Amendment No. 1)
B. First Reading of Ordinance No. 9, 1997, Submitting Proposed Amendments to
Article XII of the City Charter, Pertaining to Municipal Public Utilities, to a Vote
of the Registered Electors of the City of Fort Collins. (Proposed Charter
Amendment No. 2)
C. First Reading of Ordinance No. 10, 1997, Submitting Proposed Amendments to
Article IV, Section 9, of the City Charter, Pertaining to Conflicts of Interest, to a
Vote of the Registered Electors of the City of Fort Collins. (Options A & B)
(Proposed Charter Amendment No. 3)
D. First Reading of Ordinance No. 11, 1997, Submitting Proposed Amendments to
Articles VIII, IX, and X of the City Charter, Pertaining to Elections, to a Vote of the
Registered Electors of the City of Fort Collins. (Proposed Charter Amendment
No. 4)
E. First Reading of Ordinance No. 12, 1997, Submitting Proposed Amendments to
Article V of the City Charter, Pertaining to Finance Management, to a Vote of the
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January 21, 1997
Registered Electors of the City of Fort Collins. (Proposed Charter Amendment
No. 5)
F. First Reading of Ordinance No. 13, 1997, Submitting Proposed Amendments to
Various Articles of the City Charter, Pertaining to Residency Requirements, to a
Vote of the Registered Electors of the City of Fort Collins. (Options A through E)
(Proposed Charter Amendment No. 6)
G. First Reading of Ordinance No. 14, 1997, Submitting Proposed Amendments to
Article II, Section 11, of the City Charter, Pertaining to Council Meetings, to a Vote
of the Registered Electors of the City of Fort Collins. (Options A & B) (Proposed
Charter Amendment No. 7)
H. First Reading of Ordinance No. 15, 1997, Submitting Proposed Amendments to
Articles I and II of the City Charter, Pertaining to the City Council, to a Vote of the
Registered Electors of the City of Fort Collins. (Options A & B) (Proposed
Charter Amendment No. 8)
First Reading of Ordinance No. 16, 1997, Submitting Proposed Amendments to
Article II, Section 3, of the City Charter, Pertaining to Council Compensation, to a
Vote of the Registered Electors of the City of Fort Collins. (Options A & B)
(Proposed Charter Amendment No. 9)
J. First Reading of Ordinance No. 17, 1997, Submitting Proposed Amendments to
Article IV, Section 16, of the City Charter, Pertaining to Limitation of Actions, to
a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter
Amendment No. 10)
K. First Reading of Ordinance No. 18, 1997, Submitting Proposed Amendments to
Article IV, Section 1, of the City Charter, Pertaining to Boards and Commissions,
to a Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter
Amendment No. 11)
L. First Reading of Ordinance No. 19, 1997, Submitting Certain Proposed
Miscellaneous Amendments to Articles IV and XI of the City Charter, to a Vote of
the Registered Electors of the City of Fort Collins. (Proposed Charter
Amendment No. 12)
M. First Reading of Ordinance No. 20, 1997, Submitting Proposed Amendments to
Article II, Section 1, of the City Charter, Pertaining to Council Composition, to a
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Vote of the Registered Electors of the City of Fort Collins. (Proposed Charter
Amendment No. 13)
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt and
approve all items not removed from the Consent Calendar. Yeas: Councilmembers Apt, Azari,
Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember McCluskey reported the Finance Committee met and discussed the Timberline
Extension and additional costs that would be associated with the project. He spoke of the City's
Internet Policy and questioned the possibility of taxing users.
Councilmember Apt stated funding for regional bus service between Fort Collins and Loveland was
adopted on the Consent Agenda and expressed his support for the service. He spoke of the Martin
Luther King, Jr. celebration and urged zero tolerance for racism. He stated the Growth Management
Committee reviewed the City Plan and stated public hearings would be held soon.
Councilmember Janett stated the regional bus service would begin later in the spring.
Mayor Azari attended the U.S. Conference of Mayors and stated the new Secretary of Transportation
asked to be kept informed of the City's progress on the railroad relocation project.
Consideration of the Appeal of the October 9, 1996,
Determinations of the Current Planning Director Regarding
the Conditions of Ordinance No. 143, 1995 Pertaining to
the Dry Creek Mobile Home Park. Postponed to February 4, 1997.
The following is staff s memorandum on this item.
"Executive Summary
This matter has been continued several times by the Council, upon the stipulation of the parties.
The appeal arises not under the provisions of the City Code, but under the provisions of
Ordinance No. 143, 1995 ("the Ordinance"). By adoption of the Ordinance on November 21,
1995, the Council placed the subject property of this appeal, known as the Dry Creek Annexation
("the Property'), into the MM, Medium Density Mobile Home District. The property is zoned MM
- Medium Density Mobile Home. 1t is located west of Summit Vie it, Drive, south of East Vine Drive,
north of East Mulberry Street, and east of the Fort Collins Downtown Airport. The proposed
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January 21, 1997
development projectfor the Property, known as the Dry Creek Mobile Home Park, is located on 52.5
acres and will consist of 241 mobile home spaces in Phase 1, with a possible second phase with an
unknown number ofspaces.
By adoption of the Ordinance, certain conditions were attached to the Zoning of the Property, as
permitted by Section 29-45 of the City Code. The conditions were intended to ensure that any
development of the Property, including the Dry Creek Mobile Home Park, would adequately
address concerns related to: (1) the traffic that would be generated by the Property, (2) the on -site
and off -site wetlands located on and near the Property, and (3) particular landscaping needs
associated with the proposed development of the Property as a mobile home park. The Ordinance
required the developer of the Property to submit to the Director of Community Planning and
Environmental Services ("the Director") certain studies and reports related to each of the
foregoing concerns. Upon receipt of the studies and reports, the Director was to notify affected
property owners (within a 1, 000 foot radius of the Property) of the existence of the studies and
reports so that they could have an opportunity to review the same and comment upon them prior
to the Director determining whether the conditions of the Ordinance had been satisfied. After
making those determinations, the Director was to then send additional notices to the same affected
property owners so that they could decide whether to appeal any or all of his determinations. The
determinations to be made by the Director were, in fact, delegated to the Director of Current
Planning ("the Planning Director').
The Planning Director's determinations were made on or about October 9, 1996. Notice of those
determinations were sent to the affected properly owners and an appeal was filed by four parties -
in -interest on October 29, 1996. The appellants are: James A. Dinsmore, on behalf of Ultimate
Support Systems, Inc.; A. J. Glaser; Ed and Jean Laudick; and Gene Barker.
The Planning Director determined that the traffic study, wetlands study, and site/landscape plan for
the Property are adequate for a conceptual level of evaluation of the proposed development, in
compliance with the Ordinance. The determination stated that the next step in the process is for the
applicant to submit a subdivision plat and the required detailed documentation for review.
The attached documents include:
the appeal
Ordinance No. 143,1995
the Current Planning Department response to the appeal
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January 21, 1997
* Letter to Residents, dated September 3, 1996, from Stephen Olt, Current Planning
Department, notifying them of the City's receipt of documentation submitted to the
City for review in compliance with Ordinance No. 143, 1995
* Response letter to Don Parsons, dated October 9, 1996, from Robert Blanchard,
Current Planning Director, with a determination on the documentation submitted to
the Cityfor review
* Letter to Residents, dated October 11, 1996, from Stephen Olt, Current Planning
Department, notifying them of the City's determination'on the documentation
submitted for review. The Affected Property Owners list is attached. This same list
was used to mail the letter on September 3.
* Traffic Analysis for the Dry Creek Mobile Home Park
* Conceptual Wetlands Mitigation Plan for the Dry Creek Mobile Home Park
* Set of plans consisting of:
- Dry Creek Site Plan Option A
- Dry Creek Site Plan Option B
- Dry Creek Conceptual Cud -De -Park Layout
- Dry Creek Conceptual Landscape Plan
- Dry Creek Enhancement Plan, Figure I
In deciding the appeal, the Council should receive and consider the reports and studies considered
by the Planning Director, as well as the evidence and arguments advanced by the parties -in -interest.
At the conclusion of the hearing, the Council should decide whether to uphold, overturn or modify
the Planning Director's decision. Alternatively, the matter could also be remanded by the Council
with direction to further consider any particular issues raised during the appeal in light of the
evidence presented to the Council. "
Councilmember Apt made a motion, seconded by Councilmember Wanner, to postpone
consideration of this item to February 4, 1997. Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
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January 21, 1997
Ordinance No. 7, 1997,
Amending and Adding Sections to Article V of Chapter 12
of the City Code Pertaining to the Sale of Tobacco Products and
the Use of Tobacco Products by Minors. Adopted on First Reading,
The following is staffs memorandum on this item.
"Executive Summary
Current state law prohibits the sale of tobacco products to minors and prohibits the purchase of
tobacco products by minors, but does not address the issue of underage possession and use of
tobacco products. Several Front Range communities, in an effort to strengthen the existing tobacco
laws, have recently adopted ordinances that prohibit underage possession and use of tobacco
products and that place restrictions on the manner in which tobacco products can be displayed for
sale. Numerous citizens have suggested that Fort Collins consider doing the same. Additionally,
since the City's Health and Safety Committee and staff began exploring this topic, the Federal Food
and Drug Administration (FDA) has adopted its own regulations effective August 28, 1997,
concerning youth access to tobacco products. This Ordinance, if adopted, will bring the City of Fort
Collins into compliance with the FDA regulations.
BACKGROUND:
The Problem:
State law makes it illegal for minors to buy tobacco products and for retailers to sell tobacco
products to minors but does not address the issue of underage possession and use of tobacco
products. The City's Code does not currently address any of these issues.
Why Should We Be Concerned?
♦ Tobacco use usually begins in early adolescence.
♦ Average teen smoker starts at age 13 and becomes daily smoker by age 14%.
♦ In Colorado, 40 children begin smoking every day (15,000 per year).
♦ More than 400,000 premature deaths occur each year in the US. from tobacco -
related causes.
♦ Two-thirds of adolescent smokers state they want to quit and 70% state they would
not start smoking if they could choose again.
♦ Tobacco use is an addiction, not just a habit.
♦ Early smoking has early health consequences.
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January 21, 1997
Current Laws:
The current state statute:
♦ prohibits the sale or gift of tobacco products to minors;
♦ makes it illegal for minors to purchase tobacco products;
♦ prohibits sale of tobacco products from vending machines except in:
• places where minors are not permitted;
• factories, business offices and other areas not open to the general public;
and
• places where vending machines are under the direct supervision ofthe owner
or an adult employee.
The current City Code:
♦ prohibits smoking in public places (applies to both adults and minors);
♦ prohibits sale of tobacco products from vending machines in public places except in:
• public places where minors are not permitted; and
• public places where vending machines are under the direct supervision of the
owner or an adult employee.
What is Fort Collins considering?
Fort Collins is considering an Ordinance which:
♦ prohibits:
• a person from giving or selling tobacco products to a minor;
• tobacco products from being sold from displays without assistance from an
employee (the Ordinance provides that this provision does not go into effect
until June 1, 1997, to give retailers a reasonable period of time to make the
necessary changes to their store loyouts); and
• • minors from purchasing, possessing, consuming or using tobacco products.
♦ eliminates the "under direct supervision" exception to the current prohibition of
vending machines in public places;
♦ makes it unlawful for minor to obtain (or attempt to obtain) tobacco products by
misrepresentation of age; and
♦ authorizes the Municipal Judge to sentence a minor convicted of violating the
ordinance for up to 24 hours public service, and up to a S1,000 fine.
The Goal:
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January 21, 1997
The goal of this Ordinance is to reduce, if not eliminate, the use of tobacco products by minors by:
(1) making it illegal to sell or give tobacco products to minors; (2) making it illegal for minors to
purchase, possess, or use tobacco products; (3) eliminating the accessibility to tobacco products
by minors from vending machines and self-service displays; and (4) requiring a face-toface
exchange of a tobacco product from the retailer to the customer.
What Are Others Doing?
Loveland, CO - Passed an ordinance in December 1995 which:
♦ prohibits:
• minors from possessing or using tobacco products;
• a person from giving or selling tobacco products to a minor;
• tobaccoproductsfrom beingsoldfrom displays without assistance from an adult
employee; and
• tobacco products from being sold from vending machines (with exceptions
similar to Fort Collins ordinance and State statute).
♦ makes it unlassfl:
• for minors to obtain (or attempt to obtain) tobacco products by
misrepresentation of age; and
• for a minor to sell tobacco products.
The Loveland ordinance, passed December 1995, became effective January 1996 while the retail
store restrictions went into effect July 20, 1996 Since the Loveland ordinance became effective, 117
citations have been issued and many (number not available) youth have received a suspended
sentence to attend a Teen 'n Tobacco class sponsored by the Institute of Substance Abuse and
Tobacco. A 1994 sales compliance study indicated 31.5% of attempts to purchase tobacco products
were successful; follow-up studies showed that figure had dropped to 5.8% in 1996. The ordinance
is generally enforced by one of the three School Resource Officers or by police officers who have
approached youth for other reasons. According to Loveland Police officials, the ordinance has
"generally been effective but will take more than a year to see results".
Estes Park, CO - City Council passed an ordinance in June, 1996, effective July, 1996, which:
♦ prohibits:
• a person from giving or selling tobacco products to a minor;
• minors from possessing or using tobacco products; and
• tobacco products being sold from vending machines (with exceptions similar to
Fort Collins ordinances and State Statutes).
♦ makes it unlawful:
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January 21, 1997
• for minors to obtain (or attempt to obtain) tobacco products by
misrepresentation of age; and
• tobacco products from being sold f om displays without assistance from an adult
employee.
The Estes Park ordinance passed in June 1996, had a 30-day waiting period before becoming
effective in July, 1996 During the 30-day waiting period, warnings were issued and the community
was educated via one-to-one contacts with violators, the media, etc. Since the ordinance has been
in effect, approximately 15 to 20 citations have been issued. The community is working on
developing a youth drug and alcohol education program which would include tobacco products,
similar to the Loveland program. The ordinance is enforced similar to Loveland, except Estes Park
does not have a School Resource Officer program. It is too early to gauge the effectiveness of the
ordinance, according to Estes Park Police Chief Randy Repola who noted that, if nothing else, it has
made it less convenient for minors to use tobacco products.
Glenwood Springs, CO - Passed an ordinance which:
♦ prohibits:
• a person from giving or selling tobacco products to a minor;
• minors from possessing or using tobacco products; and
• tobacco products being sold from vending machines (with exceptions similar to
Fort Collins ordinance and State statute).
♦ requires warning signs be posted in a prominent place noting it is illegal for minors
to purchase tobacco products; and
♦ permits minors on private property (i.e. hone) to purchase, possess, and acquire
tobacco products with consent and presence of parent or legal guardian.
According to Officer Hiatt of the Glenwood Springs Police Department, since the ordinance has
been in effect (1994) "quite a few" tickets have been issued. An exact number was not available.
While Officer Hiatt stated it was hard to gauge the impact of the ordinance on individual tobacco
product usage by minors, it has been effective in reducing retail sales to minors. An early sales
compliance study indicated 79% of attempts to purchase tobacco products were successful; follow-
up studies showed that figure had dropped to 30%. A smoking cessation program is not available
for violators. Retailers are required to post signs at their own expense noting it is illegal for minors
to purchase tobacco products.
Colorado Springs, CO - Passed an ordinance in May 1995 which:
♦ prohibits tobacco products being sold from vending machines (with exceptions
similar to Fort Collins ordinance and state statute).
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January 21, 1997
Woodland Park, CO - Passed an ordinance in April 1995 which:
♦ requires:
• a license to sell, give, or deliver tobacco products; and
• warning signs be posted in a prominent place noting it is illegal for minors to
purchase tobacco products.
♦ prohibits:
• a person from giving or selling tobacco products to a minor;
• minors from purchasing tobacco products;
• tobacco products being sold from vending machines (with exceptions similar to
Fort Collins ordinance and state statute); and
• possession of tobacco products by minors, unless at home under the direct
supervision of a parent or legal guardian.
♦ restricts minors from selling tobacco products; and
♦ makes it unlawful to sell or distribute tobacco products within 100' of a school, child
care facility, or other building used for educational/recreation purposes for minors.
The Process:
The Health and Safety Committee has worked on this topic for some time and has taken many steps
to ensure the most appropriate ordinance was prepared and submitted for consideration. The
process timelines and highlights are noted below:
December 1995
The Health and Safety Committee discussed topic and
♦ agreed it is undesirable for youth to smoke;
♦ recognized it would be a low enforcement priority due to competing demands; and
♦ recommended the issue be discussed with the Youth Advisory Board for opinions
and input.
March 1996
The Youth Advisory Board discussed the topic and:
♦ felt education and prevention programs should be pursued; and
♦ thought underage sale could be more aggressively enforced.
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January 21, 1997
April 1996
The Health and Safety Committee:
♦ discussed Youth Advisory Board comments;
♦ agreed there was a desire to strengthen restrictions on possession; and
♦ requested the City Attorneys office to bring a draft ordinance back to the committee
for further discussion.
May 1996
The CityAttorney's office reviewed the existing ordinances from other municipalities and prepared
it draft ordinance.
The Health and Safety Committee reviewed the draft ordinance and agreed to host an open house
to gather public sentiment.
July 199h
Health and Safety Committee held an open house to gather public attitudes about the topic. The
Open House public comments are attached.
August 1996
The Health and Safety Committee discussed the input received from the open house and directed the
City Attorney's office to prepare a draft Ordinance to be brought forward for the Council's
consideration.
September 1996
While preparing the ordinance, the Federal Food and Drug Administration adopted its own
regulations regarding youth access to tobacco products requiring the City Attorney's office to
review the FDA regulations to determine their affect on the proposed Ordinance.
November 1996
The City Attorney's office reviewed with the Health and Safety Committee the affects of the FDA
regulations. The Committee directed that the ordinance to be presented to the Council be drafted
to be in compliance with the FDA regulations. Also, in finalizing its recommendation, the
Committee requested that the revised Ordinance be submitted to the Youth Advisory Board for
comment before the Council 's consideration of the Ordinance.
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January 21, 1997
Januarv1997
The Youth Advisory Board discussed the draft Ordinance at its January 8 meeting. The Board voted
5 to 1 to recommend that the Council adopt the proposed Ordinance".
Assistant City Attorney John Duval gave a presentation on this item and clarified State laxv does not
prohibit the use or possession of tobacco products by minors but does prohibit its sale to minors.
He spoke of how the City Code would be amended and of how display issues would be addressed.
He stated vending machines and self service displays would only be allowed where minors are not
permitted and clarified if ticketed, tickets would not be subject to being filed with the FBI or CBI.
Police Services Executive Staff Project Manager Rita Davis spoke of the time spent, research and
public outreach by staff and the Health and Safety Committee that has been done to arrive at this
proposed Ordinance.
Sergeant Don Vagge briefly outlined enforcement issues and stated he did not believe significant
revenue would be generated. He spoke of compliance checks would be done and stated violators
would be subject to Municipal Court fines rather than County Court.
Councilmember Kneeland stated the Health and Safety Committee unanimously endorsed adoption
of the Ordinance and that Larimer County is currently drafting a similar ordinance.
Duval clarified federal regulations only apply to cigarettes and smokeless tobacco and this proposed
Ordinance would apply to all tobacco products. He reported FDA regulations would not take effect
until April 1997.
Councilmember Smith asked the effect the Ordinance would have on slotting fees paid to vendors
by manufactures for displaying their merchandise and questioned the types of penalties that would
be imposed.
Duval clarified the City could apply for a preemption, through the FDA, after federal regulations go
into effect if less restrictions are preferred.
Councilmember Smith spoke of the need to help youth with addiction and education issues and
suggested looking at deferment of sentencing if educational programs (ie. smoking cessation classes)
are successfully completed.
Duval stated he is open to deferred judgements using educational classes to help with addiction
issues.
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Lt. Rob McDaniel of the Loveland Police Department reported the City of Loveland offers a
smoking education program as an alternative to a guilty plea and reported on the various health
education programs offered by the City of Loveland.
Vagge spoke of how fines are assessed and stated ticketing would require a summons to Municipal
Court.
Duval clarified fines would be set at the discretion of the Municipal Court Judge and responded to
Council comments regarding language in the Ordinance that sets a specific minimum fine amount.
Davis stated staff is relying on the media, Channel 27, and School Resource Officers, to inform
youth of the Ordinance and stated there would be a period during which warnings would be issued.
Councilmember Smith believed the above notification methods were not ways that youth would
typically receive information and supported posting information at the point of sale. He spoke of
concerns regarding potential harassment or youth's perceived harassment from Polices Services.
Duval stated retailers could be required to post notices similar to notices posted for liquor sales.
Nancy Grove, representing Latimer County Health Department, reported the Health Department is
currently talking with the Youth Clinic to develop a cessation clinic for youth, and spoke of the
Health Departments' commitment in working with the School District to educate youth on the
dangers of smoking.
Ken Forrest, representing Poudre School District residing at 1748 Concord Drive, spoke of the
number of students who move off school grounds to smoke, supported educating youth on health
risks and emphasized the need to change attitudes regarding smoking. He spoke of different ways
that would be used to inform youth about the law and enforcement of the law.
Lt. McDaniel believed the issue was more of a health education program and not a law- enforcement
issue, and outlined possible alternatives for sentencing and of feedback he has received by youth.
Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt Ordinance No.
7, 1997 on First Reading.
Greg Heck, a Fort Collins resident, suggested if adults quit smoking it would send a positive
message to area youth that they matter and are important to the community.
John Wolffe, Respiratory Therapist and volunteer for the American Red Cross, spoke in support of
the motion and gave a brief report on health statistics associated with smoking.
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January 21, 1997
Lowell Mae Yacubian, 818 Shire Court, spoke in support of the motion and expressed her
amazement regarding the amount of money tobacco companies pay vendors to display their
products.
Heather Marts, manager of 7-11 located at 2800 S. College Avenue, requested Council put aside its
opinions regarding smoking and consider the financial impact that would be imposed on retailers
and the rights of business owners to regulate their product selection and merchandising without
government interference. She stated adults need to take responsibility for their actions when being
asked to purchase tobacco products for minors and presented Council with a petition that
recommends retailers could display their products in a manner in which best serves their customers.
Ann Watson, President of the Coalition for a Tobacco Free Colorado, supported the Ordinance.
Frank Collier, 140 Poudre River Road, Bellvue, Colorado, opposed minors smoking but believed
adoption of the Ordinance would punish retailers and smokers.
Yolanda C. Nicely, Trilby Mobile Home Park #40A, stated the Ordinance is overkill and is too much
"big brother".
Jane Mare, a Fort Collins resident, spoke in support of the motion.
Dr. Bruce Cooper, Medical Director of Poudre Health District, supported the Ordinance.
Marcia DePriest, presenting Poudre Valley Hospital, residing at 3416 McConnell Drive, LaPorte
Colorado, emphasized the seriousness of health issues relating to smoking and use of tobacco
products, noting prevention and limiting access is a step in the right direction.
David Gallup, 1412 Pikes Peak Avenue, supported the motion and spoke of non-compliance figures
and was surprised at how high they were.
Alison Merrill, 4229 Breakwater Court, Oncology Nurse representing the American Cancer Society,
spoke of the amount of money paid by taxpayers to treat smoking related illnesses.
Deb Morris, 1806 Brookwood Drive and volunteer Chair of the American Heart Association, spoke
of the need to protect youth and supported the Ordinance.
Clint Merrill, 4229 Breakwater Court and local Oncologist, stated the majority of illnesses in his
patients are directly related to smoking and urged adoption of the Ordinance.
Pam McCracken, Team Fort Collins residing at 1400 Briarwood Road, spoke in support of the
Ordinance and thanked the Youth Advisory Board for its support.
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January 21, 1997
Mike Vogel, a Fort Collins resident residing at 1917 Harmony Road, expressed concerns regarding
how easily children can purchase tobacco products, stated many retailers would continue to receive
slotting fees and spoke of placement areas that would be in compliance with the Ordinance.
Jason Volink, a Fort Collins resident, believed adoption of the Ordinance would deter youth from
smoking.
011ie Krieger, manager of Convenience Plus, stated if there is no strong support for enforcement by
the Police Department why are retailers forced to lose revenues. He stated issues regarding youth
and tobacco possession and use vs. sales of tobacco products by retailers are two very separate
issues.
Abby Jones, member of the Youth Advisory Board, residing at 400 Duke Lane, spoke in support of
the Ordinance and spoke of comments made by youth regarding tobacco access issues.
City Manager John Fischbach spoke of the difficulty in enforcing smoking laws and responded to
Council questions stating that smoking is currently permitted outside public facilities.
Vagge responded to Council questions regarding enforcement and the need for retailers to work with
law enforcement, and hoped education would provide some measure of intervention so youth would
not attempt the purchase in the first place.
Councilmember Apt suggested that before Second Reading, the Health and Safety Committee work
with staff to draft language that would prohibit smoking outside of public facilities or provide
designated smoking areas in the back of facilities serving youth.
Councilmember Smith supported the Ordinance on First Reading, supported notification at point of
sale and requested a review after 6 months.
Councilmember Kneeland spoke of health risks associated with tobacco products and believed
Council was taking a reasonable measure to help address the problem. She thanked Poudre R-1 for
its support.
Councilmember Wanner suggested that between First and Second Reading language be added that
would require notification placards to be posted at the point of sale and suggested additional
language be added regarding public nuisance.
Councilmember Janett supported Councilmember Smith's suggestions regarding signage and
reviewing the Ordinance in 6 months. She spoke of the need to set out specific fines and read
language, that was proposed by a retailer, addressing displays and access to displays.
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January 21, 1997
Councilmember McCluskey suggested looking at alternatives on the issue of access and supported
notification at point of sale. He supported reviewing the Ordinance and its effectiveness in 6 months
and stated he would support excluding bars and liquor stores from self-service displays.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
After Council discussion the following issues were identified.
Councilmember Kneeland responded to Councilmember Apt's request regarding prohibiting of
smoking outside public facilities that serve youth and/or designate smoking areas located away from
front entrances of public facilities, stating it would be appropriate for the Health and Safety
Committee to review that issue.
Councilmember Smith did not believe it was necessary to put language into the Ordinance requiring
a 6 month review.
Councilmember Wanner suggested staff look at penalties and enforcement for retailers who do not
offer training for their employees.
City Attorney Steve Roy stated if there would be additional support, the Ordinance could be
amended to address corporate liability, and briefly defined corporate liability.
Councilmember Janett requested an amendment supporting a minimum fine.
Councilmember McCluskey supported looking at an amendment regarding self-service displays and
supported an amendment to provide that the Ordinance go into effect 6 months after adoption of
Second Reading.
City Manager John Fischbach requested Second Reading of the Ordinance be postponed to February
18 allowing time for staff to address all of the above issues.
Items Placing Proposed Charter Amendments on the
April 8, 1997 Regular Municipal Election Ballot, Adopted.
The following is staffs memorandum on this item.
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"Executive Summary
A. First Reading of Ordinance No. 8, 1997, Submitting Proposed Amendments to Articles 11,
V, and XII of the City Charter, Pertaining to the Governance of the Electric Utility, to a Vote
of the Registered Electors of the City of Fort Collins. (Proposer) Charter Amendment No.
1)
B. First Reading of Ordinance No. 9, 1997, Submitting Proposed Amendments to Article XII of
the City Charter, Pertaining to Municipal Public Utilities, to a Vote of the Registered Electors
of the City of Fort Collins. (Proposed CharterAmendment No. 2)
C. First Reading of Ordinance No. 10, 1997, Submitting Proposed Amendments to Article IV,
Section 9, of the City Charter, Pertaining to Conflicts of Interest, to a Vote of the Registered
Electors of the City of Fort Collins. (Options A & B) (Proposed Charter Amendment No. 3)
D. First Reading of Ordinance No. ll, 1997, Submitting Proposed Amendments to Articles V111,
IX, and X of the City Charter, Pertaining to Elections, to a Vote of the Registered Electors of
the City of Fort Collins. (Proposed CharterAmendment No. 4)
E. First Reading of Ordinance No. 12, 1997, Submitting Proposed Amendments to Article V of
the City Charter, Pertaining to Finance Management, to a Vote of the Registered Electors of
the City of Fort Collins. (Proposed Charter Amendment No. 5)
F First Reading of Ordinance No. 13, 1997, Submitting Proposed Amendments to Various
Articles of the City Charter, Pertaining to Residency Requirements, to a Vote of the Registered
Electors of the City of Fort Collins. (Options A through E) (Proposer/ Charter Amendment
No. 6)
G. First Reading of Ordinance No. 14, 1997, Submitting Proposed Amendments to Article 11,
Section 11, of the City Charter, Pertaining to Council Meetings, to a Vote of the Registered
Electors of the City of Fort Collins. (Options A & B) (Proposed Charter Amendment No. 7)
H. First Reading of Ordinance No. 15, 1997, Submitting Proposed Amendments to Articles I and
11 of the City Charter, Pertaining to the City Council, to a Vote of the Registered Electors of
the City of Fort Collins. (Options A & B) (Proposed Charter Amendment No. 8)
I. First Reading of Ordinance No. 16, 1997, Submitting Proposed Amendments to Article 11,
Section 3, of the City Charter, Pertaining to Council Compensation, to a Vote of the
Registered Electors of the City of Fort Collins. (Options A & B) (Proposed Charter
Amendment No. 9)
J. First Reading of Ordinance No. 17, 1997, Submitting Proposed Amendments to Article 1V,
Section 16, ofthe City Charter, Pertaining to Limitation of Actions, to a Vote of the Registered
Electors of the City of Fort Collins. (Proposed Charter Amendment No. 10)
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K First Reading of Ordinance No. 18, 1997, Submitting Proposed Amendments to Article IV,
Section 1, of the City Charter, Pertaining to Boards and Commissions, to a Vote of the
Registered Electors of the City of Fort Collins. (Proposed Charter Amendment No. 11)
L. First Reading of Ordinance No. 19, 1997, Submitting Certain Proposed Miscellaneous
Amendments to Articles IV and XI of the City Charter, to a Vote of the Registered Electors of
the City of Fort Collins. (Proposed Charter Amendment No. 12)
M First Reading of Ordinance No. 20, 1997, Submitting Proposed Amendments to Article Il,
Section 1, of the City Charter, Pertaining to Council Composition, to a Vote of the Registered
Electors of the City of Fort Collins. (Proposed Charter Amendment No. 13)
On February 6, 1996, the Council adopted Resolution 96-13, appointing nine Fort Collins citizens
to the Charter Review Committee. The Committee held regular meetings the first and third Monday
of each month and interim reports were forwarded to the Council in April and July. One public
forum was held on September 30 and was attended by 13 citizens. Several members of the
Committee met with the Governance Committee on November 12. The Final Report was presented
to the Executive Lead Team on November 13 and to the Council on November 26, 1996 A follow-up
study session was held on December 171 1996
The thirteen proposed ordinances contain the substance of the Charter Review Committee's
recommendations for Charter amendments as modified by Council suggestions at study sessions.
A. Ordinance No. 8, 1997 (Proposed CharterAmendment No. 1). This ordinance would submit
a proposed Charter amendment relating to establishing an Electric Utility Board The
changes would:
✓ Enable the Council (by ordinance) to create a separate Electric Utility Board with
specified duties and authority at such time as the Council deems necessary. Until such
time that a separate board is created, the Council could authorize (by ordinance) the City
Manager to adopt separate policies, rules, regulations, and procedures to govern the
operation of the Electric Utility. If created:
- The Electric Utility Board would consist of 7 members including the Mayor, the City
Manager, and five members appointed by Council;
- The qualifications for serving on the Board would be the same as the qualifications
to serve on Council;
- The Board would be authorized to exercise the financial powers of an enterprise
board;
- The Board would have exclusive jurisdiction and control over the electric utility and
all of its operations and facilities to the extent authorized by Council;
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The Board would have the same power with regard to the provision of ancillary
services as would the City Council prior to the Board's creation;
Council would be able to remove appointed Board members with or without cause;
and
The Board could be dissolved by the affirmative vote of at least four members of the
Council;
✓ Council would reserve the power of eminent domain.
Certain changes have been made to Section 7 of Article X11. These changes appear in bold
The gist of these changes is to: (1) give the City Manager and the Board the same relative
authority with regard to the provision of (and charges for) ancillary services as the City
Manager and Council would have prior to the Board's creation; and (2) clarify that, if the
Board is created, it is the Electric Utility itself (rather than the Board) that would act as a
separate agency of the City, to the extent authorized by the Council.
B. Ordinance No. 9, 1997 (Propose(IC1rarlerAmendmenl No. 2). This ordinance would submit
a proposed Charter amendment relating to municipal public utilities. The changes would:
✓ Authorize the Council to construct, condemn, purchase, acquire, lease and operate utility
facilities without a vote of the people, -
Allow the Electric Utility Board to provide such additional, ancillary services as it
determined to be beneficial to the electric utility ratepayers. Language has been changed
to clarify who has the authority to approve ancillary services when the Electric Utility
Board has not yet been created Generally, it would be the City Manager; however, if the
revenues derived from an ancillary service ever exceeded 5% of the utility's gross
revenues, the Council would have to approve the continuation of that service. Language
has also been added to state that the City Manager has the authority to establish rates,
fees and charges for such ancillary services.
✓ Allow surplus water rental rates to be set by the City Manager, rather than the Council;
✓ Permit the rental ofraw water to users both inside and outside the City limits, subject to
any interruption in use as may be necessary in the judgement of the City Manager;
✓ Specify that Council, by ordinance, shall fix the rates or charges for treated water,
wastewater, stormwater and electricity; and
✓ Clarify that the amount of the PILOT, although determined by the Council, may include
amounts that would be paid to the City by a private utility provider in the form of both
taxes and franchise fees; and
✓ Delete the provision that the budgets for all city owned public utilities should be prepared
and adopted at the same time as budgets for all other Cityfuunctions.
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C. Ordinance No. 10, 1997 (Proposed Charter Amendment No. 3). This ordinance would
submit a proposed Charter amendment relating to conflict of interest provisions. The changes
would. -
Option A:
✓ Modem the definition of 'personal interest" to state that such an interest exists only when
an officer or employee may receive some direct and substantial benefit from a City
decision that is different in kind from that received by the general public;
✓ Establish certain specific exceptions to the definition ofpersonal interest;
✓ Provide that authorities of the City that are governed by state rules of ethical conduct may
be exempted from conflict of interest provisions by Council ordinance; and
✓ Prohibit officers and employees of the City, or their relatives, from having a financial
interest in the sale to the City of any property or services only when the officer or
employee is a member of the City Council or when the officer or employee exercises
decision -making authority concerning the sale or, in the case of services, exercises
supervisory authority over the services to be rendered to the City.
Option B:
✓ Includes everything listed in Option A; and
✓ Eliminates an existing exception to the definition of 'financial interest "for owners of
businesses that benefit financially from decisions of the City.
In the definition of "personal interest", the language proposed eliminates the exception for
persons who live near, but not within, any geographical area that is the subject of a City land
use decision. Under this approach, regardless of whether a person lives inside or outside the
area of a planning or zoning decision, he or she would have a conflict only if he/she would
receive some direct and substantial benefit from the decision that was different in kind from
that received by the general public.
D. Ordinance No. 11, 1997 (Proposed Charter Amendment No. 4). This ordinance would
submit a proposed Charter amendment relating to elections and election procedures. Many
of the changes are for administrative purposes to make it easier to conduct mail ballot
elections and to remove redundant provisions echoed by state statute.
The following are the significant clarifications or changes:
✓ Specifies special elections shall be called by ordinance;
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✓ Removes time frames for circulation and submittal of nominating petitions and for
withdrawal from candidacy from the Charter and allows the time frames to be set by
Council ordinance;
✓ Eliminates certain provisions relating to the conduct of elections, so that those subjects
will be governed by state statute rather than City Charter;
✓ Modifies the role of the Election Board to remove administrative duties. Additional duties
could be established by the Council by ordinance;
✓ Establishes a method for certifying election results for candidate elections;
✓ States that the deadline for filing a nominating petition for recall election shall be
established by Council ordinance and clarifies when a candidate elected at a recall
election takes office;
✓ Rearranges and rewords certain provisions pertaining to initiative and referendum;
✓ Requires that the notice commencing initiative proceedings state whether a special
election is requested and allows Council 120 days rather than 90 days after the
presentation of a certified petition, to call a special election;
✓ Allows Council to submit any "question", as well as any proposed ordinance or
resolution to the voters;
✓ Requires that initiative petitions contain a general statement of purpose and specify
whether a special election is requested, -
Requires that petition representatives be registered electors;
✓ Requires that ballot titles for initiative and referendum measures identify such measures
as city -initiated or citizen -initiated; and
✓ Prescribes the form of the ballot for ballot questions.
E. Ordinance No. 12, 1997 (Proposed Charter Amendment No. 5). This ordinance would
submit a proposed Charter amendment updating and clarifying the financial provisions of the
Charter. The proposed Charter amendment would:
✓ Authorize Council to set by ordinance the number of years to be covered by the City
budget and require Council to adopt the budget before the last day of November
preceding each budget term;
✓ Reword certain provisions stating that neither appropriations nor expenditures may
exceed revenues anticipated or available except in the case of emergencies;
✓ Allow multi year contracts or leases so long as they are subject to annual appropriations;
✓ Authorize supplemental appropriations to be made by the Council at any time during the
fiscal year so long as the total amount of such supplemental appropriations does not
exceed actual or anticipated revenues;
✓ Allow the transfer of appropriations when the amount initially appropriated exceeds the
amount needed to accomplish the purpose specified in the appropriation ordinance;
✓ Allow the cash balance of the City to be deposited or invested in any manner approved
by Council by ordinance or resolution;
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✓ Require each utility of the City to be fully paid for services rendered to other City
departments and require other departments of the City to be filly paid for services
rendered to City utilities on a cost ofservice basis, as determined by the City Manager;
✓ Allow the Financial Officer to create funds for accounting purposes, rather than
requiring such funds to be created by ordinance;
✓ Eliminate certain obsolete duties of the Purchasing Agent; and
✓ Eliminate certain limitations on Council 's ability to exempt City improvements from the
competitive bidding and competitive proposal processes.
F. Ordinance No. 13, 1997 (Proposed Charter Amendment No. 6). This ordinance, which has
five options, proposes to amend the residency requirements of the City Manager, City
Attorney, Municipal Judge, City Clerk, Service Area Directors, Department Heads, and
Division Heads.
Option A: (Charter Review Committee recommendation)
✓ Eliminates the requirement that the City Clerk, Service Area Directors, Department
Heads, and Division Heads reside within the UGA;
✓ Provides that the City Manager may reside outside the city limits if authorized by the City
Council; _
✓ Affirmatively states there shall be no residency requirements for other City employees;
and
✓ Eliminates the requirement that the City Attorney and Municipal Judge reside within the
CRY limits.
Option B:
✓ Eliminates the requirement that the City Clerk, Service Area Directors, Department
Heads, and Division Heads reside within the UGA;
✓ Eliminates the requirement that the City Manager, City Attorney, and Municipal Judge
reside within the city limits; and
✓ Affirmatively states there shall be no residency requirements for city employees except it
allows the Council, by ordinance, to establish residency requirements for the City
Manager, City Attorney, and Municipal Judge.
Option C.
✓ Eliminates the requirement that the City Manager, City Attorney, and Municipal Judge
reside within the city limits and replaces it with a requirement that said officers reside
within the UGA.
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Option D:
✓ Adds a requirement that Deputy City Managers and Assistant City Managers reside
within the UGA; and
✓ Eliminates the requirement that the City Attorney and Municipal Judge reside within the
city limits.
Option E.
✓ Eliminates the requirement that the City Clerk reside within the UGA; and
✓ Eliminates the requirement that the City Attorney and Municipal Judge reside within the
city limits.
All options include grammatical and non -substantive changes.
G. Ordinance No. 14, 1997 (Proposed Charter Amendment No. 7). This ordinance would
submit a proposed Charter amendment relating to Council meetings, specifically quorum and
executive sessions.
Option A:
✓ Clarifies that at least four Councilmembers must be present and voting in order for
Council to take action on any item. An exception to that rule would he created to address
the situation where the absence of a quorum was due to the filing of conflict of interest
disclosure statements by all absent members. In that case, at least three remaining
Councilmembers would be sufficient to transact business;
✓ Clarifies that by two-thirds vote of those present and voting, Council may go into
executive session; and
✓ Expands the purpose of an executive session to allow:
(1) discussion ofpersonnel matters;
(2) consultations with the attorneys regarding specific legal questions (and not just
"adversarial" matters);
(3) discussion of proposed real property or water sales, as well as acquisitions; and
(4) discussion of "electric utility matters" if such matters pertain to issues of
competition in the electric utility industry.
Option B:
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✓ Includes everything listed for "Option A "; and
✓ Expands the proposes for executive sessions having to do with legal consultation to:
(2) allow consultations with attorneys regarding specific legal questions involving
litigation or potential litigation and/or the manner in which particular policies,
practices or regulations of the city may be affected by existing or proposed
provisions offederal, state or local law.
H. Ordinance No. 15, 1997 (Proposer! Charter Amendment No. 8). This ordinance would
submit a proposed Charter amendment relating to the City Council. The amendment would:
Option A: (Charter Review Committee recommendation)
✓ Eliminate language for transitioning into the District Councilmember system;
✓ State that the Council shall give notice of any redistricting proceedings by ordinance;
✓ Establish the following formula to determine when redistricting is necessary:
- No later than 180 days before each regular biennial election, the City Clerk shall
determine if the number of registered electors in the District containing the lowest
number of registered electors is less than 85% of the number of registered electors
in the District containing the highest number. If so, the City Clerk shall recommend
to the Council, District boundary changes, which shall be established by ordinance
at least 120 days before the election.
✓ Provide that no person convicted ofa felony shall be eligible to be a candidate for or hold
the office of Councilmember;
✓ Require that any protest of Councilmember qualifications, except a protest based upon
a felony conviction, must be filed no more than 15 days after the certification of the
results of the election and must be resolved by the City Clerk within 45 days of the
protest;
✓ Reword the provisions pertaining to vacancies in the position of Councilmember; and
✓ Clark that all Councilmembers shall serve until their successors have been elected and
provide that the taking of the oath of office shall occur as the f rst order of business of the
Council following the Councilmember's election or appointment.
Option B: (Staff recommendation)
✓ Includes everything listed for "Option A "; and
✓ Provides that every ordinance shall be published by title only, unless Council requires
publication in fill or publication of a comprehensive summary of the ordinance.
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I. Ordinance No. 16, 1997 (Proposer! Charter Amendment No. 9). This ordinance would
submit a proposed Charter amendment pertaining to Council compensation.
Option A: (Charter Review Committee recommendation)
✓ Proposes an increase in the monthly Councilmember compensation from 5250 per month
to 5500 per month and from 5500 per month to 5750 per month for the Mayor.
Option B:
✓ Establishes a formula whereby the compensation for Councilniembers shall be determined
annually and shall be in an amount equal to 25% of the average wage for the Fort
Collins/Loveland Metropolitan Statistical Area cis adjusted for inflation; and the
compensation for the Mayor shall be in an amount equal to 50% ofsuch average wage,
as adjusted for inflation.
The 1995 average wage for the Fort Collins/Loveland Metropolitan Statistical Area was
$24, 983. Adding a 3% inflation factor, the 1996 average wage becomes 525, 732.49. Twenty-
five percent (25%) equals 56,433.12 andfifty-percent (50%) equals 512,866.25.
J. Ordinance No. 17,1997 (Proposed Charter Amendment No. 10). This ordinance submits a
proposed Charter amendment relating to the statute of limitation for Charter violations. The
ordinance:
✓ States that no person shall be prosecuted, tried or punished for any violation of'the
Charter unless the action alleging such violation is brought within one year of the
commission of the violation.
K. Ordinance No. 18, 1997 (Proposed Charter Amendment No.]]). This ordinance submits a
proposed Charter amendment relating to boards and commissions. The ordinance. -
Removes the requirement for four-year terms for board and commission members and
states that the terms shall be established by Council rather than being fixed at four years;
✓ Removes the provision specking that boards and commissions members are to serve
without pay; and
✓ Provides that Council may remove board and commission members with or without cause.
L. Ordinance No. 19, 1997 (Proposed Charter Amendment No. 12). This ordinance submits a
proposed Charter amendment making minor editorial changes to Article IV, Section 11;
Article XI, Section 1; and Article XI, Section 5. In addition, this ordinance:
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January 21, 1997
✓ Clarifies that when legal notice is required by the Charter or by any ordinance, rule or
regulation of the City, such notice shall be by publication unless a different form of notice
is specified in the Charter or in the ordinance, rule or regulation requiring the notice.
M. Ordinance No. 20, 1997 (Proposed Charter Amendment No. 13). This ordinance submits
a proposed Charter amendment pertaining to Council composition. The ordinance would:
✓ Provide for the nomination and election of 4 Councilmembers by district (rather than 6
Councilmembers) with two Councilmembers and the Mayor to be elected at -large; and
✓ Establish a transition process for implementation of the change in the number of district
Councilmembers. "
City Clerk Wanda Krajicek gave the staff presentation on this item and spoke of the process that was
involved.
Councilmember Apt made a motion, seconded by Councilmember McCluskey, to adopt Ordinance
No. 8 (Charter Amendment 1), 9 (Charter Amendment 2), 11 (Charter Amendment 4), 12 (Charter
Amendment 5), 17 (Charter Amendment 10), 18 (Charter Amendment 11), and 19 (Charter
Amendment 12), 1997 on First Reading. Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 10, 1997
Of the Council of the City of Fort Collins
Submitting Proposed Amendments to Article IV,
Section 9, of the City Charter, Pertaining to Conflicts of Interest,
to a Vote of the Registered Electors of the City of Fort Collins. Adopted on First Reading.
City Attorney Steve Roy gave a brief report on this item and described the options available. He
clarified consequences under personal interest or financial interest are the same and spoke of the
changes proposed for the personal interest standard.
Councilmember Warmer made a motion, seconded by Councilmember Smith, to adopt Ordinance
No. 10, 1997 on First Reading Option B.
Councilmember Kneeland stated she would not support the motion, stating she believed it was an
undo burden on businessowners.
Roy clarified financial interests are considered to be an immediate and foreseeable financial gain.
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Councilmember Wanner offered an amendment to the previous motion to add the definition as stated
above by City Attorney Steve Roy. Councilmember Smith as accepted the amendment as a friendly
amendment.
Councilmember McCloskey requested information be added in the Agenda Item Summary on
Second Reading that clearly defines the two interests.
The vote on Councilmember Warner's motion as amended was as follows: Yeas: Councilmembers
Apt, Azari, Jarrett, Smith and Wanner. Nays: Councilmembers Kneeland and McCluskey.
THE MOTION CARRIED.
Ordinance No. 13, 1997
Of the Council of the City of Fort Collins
Submitting a Proposed Amendment to Article II, Section 12;
Article III, Section 1, 3; Article IV, Section 3; Article VI, Section 1;
Article VII, Section 1, of the City Charter, Pertaining to Residency
Requirements, To a Vote of the Registered Electors of
The City of Fort Collins, Adopted Option D as Amended on First Reading.
City Attorney Steve Roy withdrew from discussion on this item due to a perceived conflict of
interest.
Assistant City Attorney John Duval briefly outlined available options and spoke of what is currently
in the Code regarding residency requirements.
Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Ordinance
No. 13, 1997 Option D on First Reading.
Councilmember Wanner spoke of reasons for supporting Option D, stating he believed it was
important that employees who are involved in policy decisions affecting City services, live within
the City or UGA boundary exposing them to the services they are involved in delivering.
Susan Kirkpatrick, 2312 Tanglewood Drive, opposed Option D and spoke of the importance of being
flexible regarding place of residency especially in two career families.
Councilmember McCloskey opposed Option D and stated placing this issue in the Charter is too
restrictive and spoke of community value issues.
January 21, 1997
Councilmember Kneeland supported the motion and stated the employees roles in the community
are much more than that of average professionals and believed the City Attorney and the Municipal
Judge should also reside within the UGA.
Councilmember Apt concurred with comments by Councilmember Kneeland and offered an
amendment to the motion, that the Municipal Judge and City Attorney also reside within the UGA.
As maker and seconder of the motion Councilmembers Wanner and Smith accepted the amendment
as a friendly amendment to their previous motion.
The vote on Councilmember Warner's motion as amended was as follows: Ycas: Councilmembers
Apt, Janett, Kneeland, Smith and Wanner. Nays: Councilmembers Azari and McCluskey.
THE MOTION CARRIED.
Ordinance No. 14, 1997
Of the Council of the City of Fort Collins
Submitting Proposed Amendments to Article II, Section 11,
Of the City Charter, Pertaining to Council Meetings, To a Vote of the Registered
Electors of the City of Fort Collins. Adopted Option B as Amended on First Reading.
City Attorney Steve Roy gave the staff presentation on this item and outlined the options available.
Councilmember Janett made a motion, seconded by Councilmember Apt, to adopt Ordinance No.
141, 1997 Option B on First Reading. Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 15, 1997
Of the Council of the City of Fort Collins
Submitting Proposed Amendments to Articles I and Ii of the City Charter,
Pertaining to the City Council, to a Vote of the Registered Electors of the
City of Fort Collins. Adopted Option A on First Reading_
City Clerk Wanda Krajicek explained the options available.
Councilmember Kneeland made a motion, seconded by Councilmember Janett, to adopt Ordinance
No. 15, 1997 Option A on First Reading. Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
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January 21, 1997
Ordinance No. 16, 1997
Of the Council of the City of Fort Collins
Submitting Proposed Amendments to Article II, Section 3,
Of the City Charter, Pertaining to Council Compensation, to a Vote of the Registered
Electors of the City of Fort Collins. Adopted Option A as Amended on First Reading.
City Clerk Wanda Krajicek explained the options available.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt
Ordinance No. 16, 1997 Option A on First Reading.
Councilmember Apt supported Option B stating it would make the position more accessible to lower
income person if compensations were set higher.
Councilmember McCluskey supported the motion and stated he did not believe this should be a full-
time paid position.
Councilmember Janett opposed the motion and spoke of the need to compensate at a level that would
make it more attractive.
Councilmember Wanner concurred with comments by Councilmember McCluskey regarding the
position not be considered a full-time job.
Mayor Azari spoke in support of Option A and believed this should remain an honorarium, not a
salary replacement.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari,
Kneeland and McCluskey. Nays: Councilmembers Apt, Janett, Smith and Wanner.
THE MOTION FAILED.
Councilmember Janett made a motion, seconded by Councilmember Apt, to adopt Ordinance No.
16, 1997 Option B amending Councilmembers compensation from 25% to 34%.
Susan Kirkpatrick, 2312 Tanglewood, stated Option A was recommended by the Committee because
of its simplicity and probability of passage.
Lou Stitzel, 512 E. Laurel, spoke of the need to make it feasible for everyone, including low income
residents, to serve on Council.
282
January 21, 1997
The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Apt and
Janett. Nays: Councilmembers Azari, Kneeland, McCluskey, Smith and Wanner.
THE MOTION FAILED.
Councilmember Wanner made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 16, 1997 Option A, adding language that provides Council compensation to be adjusted annually
for inflation in accordance with the Denver/Boulder CPI. Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 20, 1997
Of the Council of the City of Fort Collins
Submitting Proposed Amendments to Article Il,
Section 1, of the City Charter, Pertaining to Council Composition,
To a Vote of the Registered Electors of the City of Fort Collins, Failed.
City Clerk Wanda Krajicek stated if the Ordinance is adopted on First Reading, as written, it would
need further work before Second Reading because the transition language has not been developed.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt
Ordinance No. 20, 1997 on First Reading.
Councilmember Kneeland supported the motion and spoke of representation issues.
Susan Kirkpatrick, 2312 Tanglewood, supported the motion and the concept that Councilmembers
would be elected by the majority of citizens.
Lou Stitzel, 512 E. Laurel, urged the mix of representation and supported the motion.
Councilmember Apt opposed the motion stating if Council wants to encourage more citizens to run,
districts make it less intimidating.
Councilmember McCluskey supported the motion and believed this would be more responsive to
the community's requests.
Councilmember Janett expressed opposition to the motion and stated Councilmember review issues
that are city-wide as well as issues in their districts.
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January 21, 1997
Councilmember Smith opposed the motion, stating at -large Councilmembers could be elected from
one district.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Kneeland
and McCluskey. Nay: Councilmembers Apt, Azari, Janett, Smith and Wanner.
THE MOTION FAILED.
Mayor Azari thanked the Charter Review Committee for all its time and hard work.
Councilmember Kneeland concurred with comments made by Mayor Azari.
Other Business
Councilmember Apt stated he would like to see an ordinance mandating that new and existing City
buildings participate in state of the art design and technology for energy efficiency, heating, cooling,
lighting, including solar hot water heating, demand site management and other relevant measures.
Councilmember Smith spoke of the upcoming Smart Trips Challenge and reported the City would
be participating in the Community Internet Festival. He stated he wanted the Air Quality Board to
look at providing input on EPA air quality standard changes.
Councilmember Apt stated he would also support the Legislative Review Committee looking at air
quality standards.
Adjournment
The meeting adjourned at 12:00 a.m.
ATTEST:
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City Clerk — `