June 15, 2000

Honorable John-David Sullivan
Larimer County District Court Judge
200 West Oak Street, Courtroom 3
Fort Collins, CO 80521

Dear Judge Sullivan:

I checked with City staff about the concerns you have expressed with regard to the use of City right-of-way by local restaurants, especially Jay's Bistro. One of your questions had to do with the use of the revenues generated by the issuance of permits. Presently, there is no fee for these permits, so there are no revenues. Another concern you expressed was the obstruction of the sidewalks, especially in the case of Jay's Bistro, where pedestrians have to leave the sidewalk and walk through the plaza in order to continue on their way.

You might be interested in knowing that City staff is preparing for Council's consideration in the near future an ordinance that would change the way in which these kinds of encroachments are handled. First, under the proposal, the City Council, rather than City staff, would be responsible for approving any such use. Secondly, the use would be by way of a lease arrangement, rather than a permit, and a certain amount of rent would be charged by the City to business owners utilizing the right-of-way for private purposes.

It will be up to the City Council whether to approve this new proposal and, if so, whether to revoke existing permits and require that the holders of those permits apply for leases under the new ordinance. I have asked that you be included among the list of interested parties who are contacted as this proposal is pursued for possible consideration.

Please let me know if there are other questions you would like to have answered with regard to this matter.

Very truly yours,

Ray Martinez
Mayor