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HomeMy WebLinkAboutMINUTES-09/02/1997-RegularSeptember 2, 1997 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, September 2, 1997, 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: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Staff Members Present: Jones, Krajicek, Roy. Citizen Participation Deputy City Manager Diane Jones stated that Item #10, Items Relating to Overland Valley P. U.D., was withdrawn from the Agenda and noted there was a revised Item # 15, Items Relating to the July 28, 1997 Flood, in Council's "Read Before the Meeting" folder. Staff Reports Deputy City Manager Diane Jones gave a brief update on the July 28, 1997 flood efforts and stated staff is looking at funding assistance possibilities. She urged everyone who incurred flood damage to contact FEMA and reported on the several upcoming community meetings to help prioritize efforts. Councilmember Reports Councilmember Smith reported on the City/County meeting recently held to discuss upcoming ballot issues. Councilmember Mason stated the Growth Management Committee recently met with Larimer County to discuss the Urban Growth Area Intergovernmental Agreement, reporting a Yz day study session would be scheduled to discuss issues needing additional refinement. CONSENT CALENDAR The Con"sent Calendar consists of Item Numbers 7 through 12. 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 71 September 2, 1997 "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #17, Pulled Consent Items. Second Reading of Ordinance No. 120, 1997, Resealing Ordinance No. 63, 1997, and Authorizing the Sale of the Real Property Known as the Johnson SID Property to Kaufman and Broad Multi -housing Group. Inc. Ordinance No. 120, 1997, which was unanimously adopted on First Reading on August 5, 1997, authorizes the sale of the Johnson property, a three -acre parcel of land, to Kaufman and Broad Multi -housing Group, Inc. The Johnson property was acquired by the City in satisfaction of the City's lien for assessments for a Special Improvement District. Earlier this year, the Council adopted Ordinance No. 63, 1997, authorizing the sale of the Johnson property to The Resource Assistance Center ("TRAC"). TRAC will not be able to close on purchase of the property. Therefore, this Ordinance repeals Ordinance No. 63, 1997, in addition to authorizing the sale of the Johnson property to Kaufman and Broad. Second Readingof Ordinance No. 134, 1997, Amending the Local Landmark Designation of the Poudre GaragefU S. Forest Service Building. 148 Remington Street, Pursuant to Chapter 14 of the City Code. On February 18, 1997, Council adopted Ordinance No. 25, 1997 designating the Poudre Garage as a local landmark. Staff has since discovered that the legal description of the property as designated is not correct. Chapter 14 of the City Code provides for the amendment of a designation in the same manner as the original designation was made: a recommendation of the Landmark Preservation Commission, followed by two hearings before Council for the adoption of an amending ordinance. The owner of the property, Lenz Construction Company, Inc., is initiating this request for amending the local landmark designation of the building. This Ordinance was unanimously adopted on First Reading on August 19, 1997. 9. Second Reading of Ordinance No 135, 1997, Amending Chapter 26 of the City ode Concerning the Mandator Installation of Water Meters for Residential Water Services. Ordinance No. 135, 1997, which was unanimously adopted on First Reading on August 19, 1997, authorizes the implementation of a mandatory water metering program requiring the installation of water meters for all unmetered residential water services in the City by January 1, 2005. 10. Items Relating to Overland Valley P.U.D. A. Resolution 97-116 Recommending Approval of a Waiver of the UGA Contiguity to Existing Development Phasing Criteria Requirement for the Overland Valley PUD. 72 September 2, 1997 B. Resolution 97-117 Recommending Denial of a Waiver to the UGA Public Street Capacity Phasing Criteria Requirement for the Overland Valley PUD. This Agenda Item Summary discusses two separate waiver requests by the developer of the Overland Valley PUD County referral. The first is a waiver request to the 1/6 contiguity to existing development phasing criteria requirement. The second request is to exempt the proposed development from the off -site street improvement requirements of the Intergovernmental Agreement (IGA) for the Fort Collins Urban Growth Area and the Overland Valley PUD consists of seven (7) dwelling units on 14.79 acres, located west of Overland Trail and north of LaPorte Avenue. 11. Resolution 97-118 Setting the Dates of the Public Hearings on the 1998 and 1999 Proposed City of Fort Collins Biennial Budget. The City will be adopting a biennial budget for the years 1998 and 1999. The City Charter requires that the City Council set a date for a public hearing on the proposed budget. This Resolution sets that hearing date for the Council meeting of September 16, 1997. In an effort to receive further public input, this Resolution also sets an additional hearing date for the October 7, 1997 Council meeting. 12. Resolution 97-119 Making an Amendment to the Boards and Commissions Manual. This Resolution amends the Boards and Commissions Manual to provide that individuals residing on property which is located outside of the Fort Collins Urban Growth Area and which is owned by the City of Fort Collins may serve on a board or commission. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 120, 1997, Repealing Ordinance No. 63. 1997, and Authorizing the Sale of the Real Property Known as the Johnson SID Property to Kaufman and Broad Multi -housing Group, Inc. 8. Second Reading of Ordinance No. 134, 1997, Amending the Local Landmark Designation of the Poudre Garage/U. S. Forest Service Building. 148 Remington Street. Pursuant to Chapter 14 of the City Code. 9. Second Readina of Ordinance No 135, 1997, Amending Chapter 26 of the City Code Concerning the Mandatory Installation of Water Meters for Residential Water Services Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. 73 September 2, 1997 THE MOTION CARRIED. Items Relating to the July 28, 1997 Flood. The following is staffs memorandum on this item. "Executive Summary A. Public Hearing Relating to the Abatement of a Public Nuisance Arising from the July 28, 1997 Flood. B. Emergency Ordinance No. 136, 1997 Ordering the Abatement of a Nuisance that has Arisen as a Result of the July 28, 1997 Flood. Adoption ofthe Emergency Ordinance is necessary to abate serious public health hazards presently existing in the two mobile home parks and nearby residential properties located in Spring Creek Basin directly west of College Avenue that experienced the brunt of the July 28 f ood. As provided for in Chapter 20, Article I of the City Code, the ordinance is the official instrument for declaring the site to be a public nuisance and ordering the site to be cleaned up and the nuisance abated. BACKGROUND In the aftermath of the July 28, 1997 food, the Johnson Center Mobile Home Park at 1799 South College Avenue and the adjacent South College Trailer Park at 1805 South College Avenue in particular st ffered extensive damage. Many of the mobile homes on both properties were seriously damaged by the initial physical force of the surging water and all units were contaminated by the residual water -borne pollutants, including raw sewage. The result is that virtually every unit is physically damaged and/or contaminated to the extent that professional services with protective clothing and equipment would be required to expose, remove, and/or treat all porous building materials to rehabilitate them to a safe condition. Stich extreme measures effectively place all of the mobile homes beyond the reach of practical repair. Staff recommends that all units be removed, together with any remaining contents and related debris, as soon as possible to avert significant public health consequences as documented by the attached letters from the Larimer County Department of Health and Environment and the Fort Collins Water Utilities. Section 20-2 of the City Code for "abatement of unsanitary or dangerous premises " empowers the "Director of Engineering, the Building Permits and Inspections Administrator, or the Fire Chief' to order the abatement of premises which appear to those officials to be in "an unsanitary or dangerous condition, or that the premises are filthy, offensive or are dangerous to the life or property of persons or may cause an unnecessary fire hazard " 74 September 2, 1997 All of the known affected owners have been notified of the public nuisance and the remedies required by the Declaration of Nuisance and abatement order dated August 21, 1997, which includes "Exhibit A "-- instructions for necessary sanitization/decontamination procedures. In addition to every known mobile home owner having been sent a copy of the notice via registered mail to the owner's last known address, every mobile home was individually posted with the notice, and some of the mobile home owners were personally served with the notice. Also, through personal contact by authorized City representatives, some owners have already signed the appropriate consent form to have their units removed The permanent dwellings located south of Johnson Drive on Spring Court also suffered similar damage ranging from severe to moderate. The owners of these properties have received an abatement notice requiring compliance by January 31, 1998. All owners there have either consented to the removal of the structures by the City, or have expressed intent to rehabilitate the buildings. Although the Code provisions stipulate that the property must be put in proper condition" in not less than 24 hours of notification, affected land and mobile home owners were given until August 31, 1997 to comply. As further stipulated in the notice, after that date City staff is empowered to perform the necessary removal of mobile homes and debris in order to maintain the health and safety of the public. Concurrently with the notification process, the City has initiated a request for bids by private contractors to perform the removal and abatement in an effort to begin work as soon as possible following the awarding of a contract. The City is eligible for reimbursement of 75% of these costs through FEMA. " Deputy City Attorney Paul Eckman briefly described the definition of an Emergency Ordinance and cited sections of the City Code that provide for hearings regarding the abatement of unsanitary or dangerous premises. He reported on the hearing and notification process to residents of the mobile home park and presented Council with copies of the letters, notices and the order for abatement. He clarified staff does not recommend assessing the clean up costs to the trailer park property owner, stating that is allowable under the Code. Larry Blehm, Latimer County Health and Environment, gave a slide presentation of the area and commented it is the County's position that the site constitutes a public health nuisance. Maureen Scullion, Fort Collins Water Utility Health and Safety Coordinator, spoke of the amount of effort involved in restoring properties to acceptable living conditions and commented on the potential for injury and illness which may occur as a result from clean-up efforts. Chief Building Inspector Felix Lee, stated he inspected every mobile home and stated all units had incurred structural damage. Mike Chavez, Poudre Fire Authority, spoke of his efforts in contacting affected property owners to get their consent to remove and dispose of their property. 75 September 2, 1997 Eckman clarified the location of the affected mobile home parks and recited sections of the Code allowing Council to declare the premises a nuisance. Blehm responded to Council questions regarding the time -frame in which the clean-up needs to occur as it relates to health hazards and injury potential. Jones responded to Council questions and stated if the Ordinance is approved by Council, staff would begin to finalize negotiations with the contractor and spoke of the time -frame given to complete the removal. Director of Purchasing Jim O'Neill explained the removal process. Chavez clarified the majority of the mobile homes were rental units and stated he would provide assistance for residents wanting to recover personal property. City Attorney Steve Roy spoke of the problems associated with delivery of notices, stating despite staff efforts, all owners who had lost personal property may not have been notified. Blehm briefly explained why the frame houses along Spring Creek Court were given an extended time -frame in which to be cleaned up as opposed to the mobile homes. Ian Leverette, 2738 Leisure Drive and previously residing at 1799 South College Avenue, spoke of rental assistance problems stating he has received bills from the Housing Authority for rents and spoke of the lack of flood notification and presence of the Police and Fire Departments at the time of the flooding. Steve Dotsenko, 1807 South College, expressed frustration with the way the City handled the removal, and in his case, the destruction of the mobile homes. Lonnie Smith, 1807 South College #8, questioned who would be paying for the destruction of the mobile homes. Melvin Johnson, owner of the Johnson Mobile Home Park, commended the Police Department for securing the site and getting residents in and out of the park and spoke of the opportunity residents had for accessing the site to retrieve personal belongings. He stated that due to the Privacy of Information Act he was not given a list of names and address of residents to contact regarding the retrieval of their belongings. He reported rents and security deposits would be refunded to property owners when they present him with a copy of their consent forms. Cindy Smith, affected resident expressed her frustration that residents were not given more of an explanation why the trailers were being removed and when removal would occur. FPO September 2, 1997 Roy addressed the procedure for filing claims if homeowners felt that compensation was due from the City because of the destruction of their mobile homes. He stated claims should be filed with the Risk Management Department, and clarified the definition and the process for filing post deprivation claims against the City. He clarified attorneys would be available to assist with filing of the claims and reported affected parties have 180 days to file claims. Emergency Management Coordinator Glenn Levy spoke of the feasibility of moving the mobile homes to another location allowing additional time for residents to remove personal property, stating it would be difficult to secure the properties. He responded to questions regarding the emergency management warning system and stated the main objective at that time was to perform rescues. Eckman clarified the list of residents obtained by the City was provided by FEMA. City Attorney Steve Roy clarified the City would not be requesting that cost for removal be assessed to the owner although the Code allows such an assessment. Jones spoke of additional measures the City would take to contact tenants of the mobile home park with regards to property removal. Councilmember Byrne made a motion, seconded by Councilmember Mason, to adopt Emergency Ordinance No. 136, 1997. City Attorney Steve Roy offered an amendment to the previous motion to insert a date certain in Section 5 and adding additional language allowing people further time to be able to safely, if possible, repair and retrieve property. Councilmember Mason offered a friendly amendment to the previous motion to delay the effectiveness of the motion to allow an additional 10 days. Councilmember Byrne as maker of the motion stated he would not accept the amendment as friendly. City Attorney Steve Roy offered language that would read as follows: "WHEREAS, the Council believes it would be in the best interest of the City to extend the period of time, within which the owners and/or occupants of such properties may be permitted to clean and repair the same to the extent that such activities can be safely and expeditiously undertaken, so as to abate the conditions described in the Declaration of Nuisance; and", and amending Section 5 to read as follows: "That the City Manager is hereby ordered to remedy the conditions described in paragraph (A) of the findings contained in the "Declaration of Nuisance" by the removal of all structures, mobile homes and items ofpersonal property remaining on the premises of the Johnson Center Mobile Home Park, 1799 South College Avenue, and the South College Trailer Park, 1805 South College Avenue as of September 13, 1997, excluding only those structures, mobile homes and items of personal property that, in the judgment of the City's Building Permits and Inspections Administrator, have, as of said 77 September 2, 1997 date, been satisfactorily cleaned and repaired in the manner described in Exhibit A to the "Declaration of Nuisance ". He clarified the intent of the amendment is to allow residents additional time if they decide to try to clean and repair considering the safety risks presented. Councilmember Mason made a motion to amend Emergency Ordinance No. 136, 1997 as suggested by City Attorney Roy. Councilmember Smith seconded the motion. City Attorney Steve Roy stated the additional time would allow residents to clean and repair to the satisfaction of the Health Department and if that was not completed by September 12, the mobile homes would be removed at the City's cost. Councilmember Byrne opposed the motion, emphasizing the need to move ahead and complete the clean-up to avoid potential health and safety problems. The vote on Councilmember Mason's motion to amend Emergency Ordinance No. 136, 1997 was as follows: Yeas: Councilmembers Kneeland, Mason, Smith and Wanner. Nays: Azari, Bertschy and Byrne. THE MOTION CARRIED. The vote on Councilmember Byrne's original motion to adopt Emergency Ordinance No. 136, 1997 as amended was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Director of Community Planning and Environmental Services Greg Byrne clarified rental assistance stating Red Cross offered one month rental assistance and security deposits and the State committed to assisting renters with an additional six month rental assistance. He reported the State of Colorado has "stepped up" and stood by its commitment but spoke of the difficulty in the coordination of benefits. He stated the Housing Authority has been authorized to compile lists of residents in need and was hired by the State to coordinate rental benefits. Councilmember Kneeland requested the contractor develop a Plan in which retail business owners in the area could gain access to their property and spoke of the need to make that a priority. m September 2, 1997 Items Relating to the Special Municipal Election to be Held in Conjunction with the November 4, 1997 Larimer County Coordinated Election. Adopted as Amended. The following is staff s memorandum on this item. "Executive Summary A. Public Hearing Relating to the Establishment of Ballot Language to be Submitted to the Registered Electors of the City at a Special Municipal Election to be Held in Conjunction with the November 4, 1997 Lorimer County Coordinated Election. B. Resolution 97-120 Establishing the Ballot Language to be Submitted to the Registered Electors of the City at a Special Municipal Election to be Held in Conjunction with the November 4, 1997 Lorimer County Coordinated Election. In 1996, City revenues were over the growth limit set by Section 20 of Article X by 5952,295. Section 20 at Subsection 7(d) states that such revenue must be refunded in the next fiscal year unless voters approve a revenue change as an offset. The Colorado Supreme Court has interpreted this language to mean that City voters may not only approve the retention of revenue in a particular year but may also exempt the City from some of the otherwise applicable limits of Section 20. In view of this interpretation, the proposed Resolution would alleviate the need for seeking annual approval to retain excess revenues by instead asking the City's electorate to approve the ongoing retention of such revenues for certain .specified purposes. if the voters do not approve the proposed measure, the City will refund the amount of 1996 revenue over the limit to taxpayers through credits to their utilitybills. The amount of credit is estimated to be between S21 and S22 per utility account. BACKGROUND: Short Histo1y of the 1992 Amendment - Section 20 of Article X Colorado voters approved the provisions of Section 20 of Article X in the 1992 election. The amendment was written by Douglas Bruce, a resident of Colorado Springs. The 1992 amendment was Mr. Bruce 's third attempt to have voters put revenue and spending limits on governments in Colorado into the State Constitution. The 1992 amendment was approved by 54% of the persons voting in the 1992 election on the amendment. In Fort Collins, the majority of voters did not approve the amendment; 54% of Fort Collins voters voted against the measure. The adopted amendment became effective in December of 1992 and affected the budgets adopted by the City beginning with the 1993 budget. Section 20 set 1992 as the base year on which ensuing years 'allowable revenue and spending growth would be calculated. 79 September 2, 1997 For cities and towns, the local growth limit is based on the growth in the Denver -Boulder Consumer Price Index (the inflation component) and increase in actual value of property within the corporate limits due to annexation and new construction (the local growth component). Since 1992, the City of Fort Collins has experienced fairly strong growth in the local growth component and the inflation component has been higher than the national average. Due to rapid growth in our city, the Denver - Boulder measure of inflation probably is lower than what Fort Collins has experienced. City ' Financial History since 1992 in the Section 20 Context Section 20 contains revenue limitations for total governmental revenue and a specific limitation for property tax collections. In 1993, the City revenue collections were under the limit by 53.6 million. In 1994, the City revenue collections were over the growth limit by $12,871. The City refunded the revenue over the limit through a credit on utility accounts. The credit amounted to less than 30 cents per account. In 1995, the revenues were over the limit by $763,821. In the fall of 1996, the Council presented a ballot proposal to city voters to retain the revenue over the limit and use it for street and sidewalk improvements and to extend snow removal services. Voters approved the ballot measure by a 73% to 27% rate. In 1996, the City' governmental revenue collections were over the limit by 5952,295. Of this amount, 5323, 755 was due to property tax being over its limit. Because the City has many pressing needs and service requirements, City management and the Finance Committee are recommending that another ballot question be placed before the voters. Revenue Options Considered For purposes of discussion, staff developed several options to present to and discuss with the Council Finance Committee. The options include: Null option. Do not present any revenue measure to the voters. Refund the amount over the limit by equal credits to futility accounts in the December billing cycle. 2. Revenue change. Present a ballot question similar to last year with specific wording to identify the portion due to property tax for voters to approve as a revenue change. 3. Exemption from the Growth Limits. Present a ballot question that would exempt the City of Fort Collins from the revenue and spending growth limits for an indefinite period of time. This is sometimes referred to as "de-Brucing ". Such elections have been approved in nearly 200 instances by other cities, towns, counties, and special districts. 4. A delay of up to four years in voting on ballot issues. There is specific reference in Section 20 which suggests that "de-Brucing"for this period of time would be another alternative FIN September 2, 1997 to be considered. However, there is considerable uncertainty about the meaning of this language and, to date, no other city has attempted to do so. 5. A combination of 2 and 3. Separate items could be drafted to seek voter approval to keep the 1996 revenue over the limits and a second to provide future permission to go over the limit. Other Cities Exverience with Voter Approved Revenue Changes and Exemption Over the past 4 % years, several other cities in Colorado have faced the same issue -- that of having revenue over the limit. The Colorado Municipal League (`League') does not have an accurate data base about the number of cities that have refunded revenue to taxpayers. The League does maintain records on the number of cities and towns that have placed revenue measures before the voters. From 1993 through the 1997 summer municipal elections, 57 ballot questions from cities and towns with revenue over the limit have received voter approval. This is a success rate of 87%. Several other cities and towns have requested voter approval to exempt some or all of their future revenue sources from the provisions of Section 20. These ballot questions have a slightly higher voter approval record (9391o). The Colorado Supreme Court reviewed local voter override of the growth limits in the Havens v. Archuleta County case. In its opinion, the Court indicated that it would defer to local voter decisions regarding exemption from the growth limits. City Voter Survey Results The Council Finance Committee suggested that it would be appropriate for staff to have a survey conducted to see how a statistical sample of Fort Collins voters would respond to the two ballot questions. With respect to providing permission to retain and spend the 8955, 000, the sample of voters was about as supportive as in last year's survey. With respect to exemption from the limits for an extended period of time, a majority was supportive, but the ratio was not as strong as the retention. The top issues facing Fort Collins include growth management and planning, police protection, road conditions, and traffic flow. From the survey results, it can be concluded that the voters in Fort Collins understand the growth limit situation and have a preference to have the City use the revenue to address important service needs. November Election Schedule The City has already adopted an Ordinance calling a special election. The remaining deadlines are: M September 2, 1997 September 2, Resolution setting the ballot language September S, deadline for the City to enter into an intergovernmental agreement with the County to conduct the election November 4, Special Municipal Election in conjunction with the Lorimer County Coordinated Election. Staff Recommendation Staff recommends that Council present the proposed ballot measure to the voters in November of 1997. The question presented, if approved by the voters, would exempt the Cityfrom the revenue and spending limits for 1996 and the fi ture, with the understanding that the excess revenues would be spent solely for the purposes of public health and safety, transportation services and the maintenance and repair of Cityfacilities. " Finance Director Alan Krcmarik gave a staff presentation on this item and outlined the rationale for presenting the ballot issue. He spoke of the statistical survey results and of issues voters were concerned about, reporting the majority are concerned with growth management issues. He spoke of options available and stated the Finance Committee recommended reinstating the exemption language, stating it was a "de -bracing" option and commented on the pros and cons of this option. He clarified that all sales tax increase proposals would be decided on by the voters. He spoke of the amount of money that could be set aside in an emergency reserve to be used in a declared emergency, such as the July 1997 Flood, but not used for the snow storm in 1995. Kelly Ohlson, 2040 Bennington Circle, spoke of his reasons for not supporting the motion. He stated he opposed combining Amendment 1 overage and "de-brucing". He stated that truck traffic issues need to be resolved before allocating additional money to repair streets and of the need to address growth issues. He suggested dividing the question into 2 ballot questions to include environmental growth issues. Councilmember Wanner made a motion, seconded by Councilmember Kneeland, to adopt Resolution 97-120. Councilmember Mason offered a friendly amendment under the purposes of public health and safety to read as follows: "including but not limited to, environmental monitoring and mitigation." Councilmember's Wanner and Kneeland accepted the amendment as friendly. Kelly Ohlson, 2040 Bennington Circle, stated although he believed the amendment was too narrow of an interpretation it was a change for the better. Councilmember Byrne stated he would not be opposed to including growth management issues and stated he did not believe the majority of growth issues were fiscal issues but were mitigation issues. 82 September 2, 1997 He offered an amendment, seconded by Councilmember Smith, to insert additional language to direct funds be added to enhance the City's ability to manage its growth. Councilmember Kneeland stated she would not consider the amendment as a friendly amendment and questioned why this issue was not discussed by the Governance Committee. Jones reported the Governance Committee had not met for some time and Council had discussed the issue at a recent Study Session. She believed Council has had adequate time to review this issue before it was introduced as a formal Resolution. After a brief discussion, City Attorney Steve Roy read the proposed language into the record: "SHALL THE CITY OF FORT COLLINS, COLORADO, WITHOUT INCREASING OR ADDING ANY TAXES OF ANY KIND, BE PERMITTED TO COLLECT, RETAIN, AND EXPEND THE FULL PROCEEDS OF THE CITY'S PROPERTY TAXES AND ALL OTHER FUNDS AND REVENUE SOURCES, INCLUDING APPROXIMATELY $955,000 RECEIVED IN 1996 AND ALL REVENUES RECEIVED IN EVERY YEAR THEREAFTER, SO LONG AS THOSE FUNDS OR REVENUES THAT WOULD OTHERWISE EXCEED THE APPLICABLE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION ARE USED FOR THE PURPOSES OF PUBLIC HEALTH AND SAFETY (INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL MONITORING AND MITIGATION), GROWTH MANAGEMENT, TRANSPORTATION SERVICES, AND MAINTAINING AND REPAIRING CITY FACILITIES, NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATIONS, INCLUDING WITHOUT LIMITATION THOSE CONTAINED IN SAID ARTICLE X, SECTION 20?". (Secretary's Note: The language that is bold and italicized is the amended language to the ballot issue) Kelly Ohlson, 2040 Bennington Circle, spoke in support of the motion and urged its adoption. The vote on Councilmember Warmer's motion to adopt Resolution 97-120 as amended was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Byrne reported there would be a town meeting at the end of the month to discuss rental property issues. 83 September 2, 1997 Councilmember Kneeland stated information gathered by the rental task force needs be included with the other information that will be available at the community meeting. Councilmember Byrne requested a resolution be considered at the next Council meeting expressing the City's support for Larimer County's proposed Justice Center and jail facility. The meeting adjourned at 9:25 p.m. City Clerk ,. Adjournment 119