HomeMy WebLinkAboutMINUTES-11/16/1999-RegularNovember 16,1999
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, November 16,
1999, 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: Bertschy, Byrne, Kastein, Martinez, Mason, Wanner
and Weitkunat.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Kelly Ohlson, 2040 Bennington Circle, spoke about the purchase costs, environmental and natural
area concerns, and restoration of the Oxbow site.
Bill Miller, 322 Scott Avenue, spoke regarding the need for the proposed public nuisance ordinance.
Mary Warring, 309 Orilla Del Lago, Transportation Board member, spoke regarding the benefits of
retaining full participation of Urban Growth Area residents on City boards and commissions.
Phil Friedman, 201 South Grant Avenue, spoke in support of the public nuisance ordinance.
Scott Wilkinson, 2828 Silverplume Drive, representing ASCSU, spoke in favor of further study of
the public nuisance ordinance.
Citizen Participation Follow-up
Councilmember Mason spoke regarding the Pingree Park study session discussion relating to boards
and commissions.
Councilmember Bertschy noted that the boards and commissions study session discussion has been
postponed to January 25.
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November 16, 1999
Councilmember Bertschy asked about the status of the Oxbow site. City Manager Fischbach noted
that if agreement is reached with the property owner that the acquisition would be discussed by the
Natural Resources Advisory Board, the Parks and Recreation Board, and the community before it
is presented for Council consideration.
Councilmember Bertschy noted that he serves on the University/Communities Caucus of the
National League of Cities and that he has requested sample nuisance ordinances from other
communities with large universities.
Councilmember Kastein spoke regarding the public nuisance ordinance.
Mayor Martinez spoke regarding the public nuisance ordinance.
Agenda Review
City Manager Fischbach stated that item #16 First Reading of Ordinance No. 177, 1999,
Appropriating Unanticipated Revenue in the General Fund for the Climate Wise Local
Government/Industrial Partnership to Reduce Greenhouse Gas Emissions, item #27Items Relating
to Amending Chapter 15 of the City Code Pertaining to Secondhand Dealers and Pawnbrokers, and
item 937 Second Reading of Ordinance No. 174, 1999, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2000 and Adopting the Budget for the
Fiscal Years Beginning January 1, 2000, and Ending December 31, 2001, and Fixing the Mill Levy
for Fiscal Year 2000 have been revised. He also stated that items #30, 31, and 32 relating to
compensation for the City Attorney, City Manager and Municipal Judge have been withdrawn from
the agenda until December 7.
Kelly Ohlson, 2040 Bennington Circle, withdrew item #19 First Reading of Ordinance No. 179,
1999, Adopting the 2000 Classified Employees Pay and Classification Plan from the Consent
Calendar.
CONSENT CALENDAR
7. Consideration and adoption of the Council meeting minutes of October 5 and October 19,
1999.
November 16, 1999
Second Reading of Ordinance No.153,1999, Authorizing the Purchasing Agent to Enter into
an Agreement for the Lease -Purchase of Vehicles and Equipment and AppropriatingFunds
unds
Related Thereto.
Ordinance No.153,1999, was unanimously adopted on First Reading on November 2,1999,
authorizes the Purchasing Agent to enter into a lease -purchase financing agreement with
Safeco Credit Company at 5.25 percent interest rate.
9. Second Reading of Ordinance No. 161, 1999, Amending Section 2-28 of the City Code
Pertaining to Regular Meetings of the City Council.
Ordinance No. 161, 1999 which was unanimously adopted on First Reading on November
2, 1999, gives Council the authorization to cancel a regularly scheduled Council meeting.
10. Second Readin¢ of Ordinance No. 162,1999, Designating the South Unit of the Price Paired
Home, 626 South Meldrum Street, Fort Collins. Colorado, as a Historic Landmark Pursuant
to Chapter 14 of the City Code.
The owner of the property, David Alciatore, is initiating this request for Local Landmark
designation for the South Unit of the Price Paired Home. The building is architecturally
important as an excellent example of the Paired American Foursquare, and is one of only a
handful of these duplex homes in Fort Collins. Ordinance No. 162, 1999 was unanimously
adopted on First Reading on November 2, 1999.
11. Second Reading of Ordinance No.163, 1999, Designating the Arthur and Lillian Andrew
House. Barn and Garage. 515-515%2 South Meldrum Street, Fort Collins. Colorado, as
Historic Landmarks Pursuant to Chapter 14 of the City Code.
The owners of the property, Thomas T. and Diane M. Tucker, are initiating this request for
Local Landmark designation for the Arthur and Lillian Andrew House, Barn and Garage, 515
- 515% South Meldrum Street. The buildings are significant as representative examples of
vernacular residential architecture typical of the turn of the century. Ordinance No. 163,
1999 was unanimously adopted on First Reading on November 2, 1999.
12. Second Reading of Ordinance No.164, 1999, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Elizabeth Street Apartments Rezoning.
Ordinance No. 164, 1999, which was unanimously adopted on First Reading on November
2, 1999, rezones approximately 1.925 acres of property located on the north side of West
Elizabeth Street between Constitution and City Park Avenue.
November 16, 1999
13. Second Reading of Ordinance No. 165, 1999, Making Various Amendments to the City of
Fort Collins Land Use Code.
Ordinance No.165,1999, was unanimously adopted on First Reading on November 2,1999.
There is one slight change between First and Second Reading. Staff has modified the
language relating to Fences and Walls (Section 31) (Code Section 3.8.11) (Issue Number
263). The change to the new standard is as follows as noted in italics:
Fencing and Walls. Fencing and walls shall meet the following standards:
If used along collector or arterial streets, such features shall be made visually
interesting and shall avoid creating a "tunnel" effect. Compliance with this
standard shall be accomplished by integrating architectural elements such as
brick or stone columns, incorporating articulation or openings into the design,
varying the alignment or setback of the fence, softening the appearance of
fence lines with plantings or similar techniques. In addition to the foregoing
and to the extent reasonably feasible, fences and sections of fences that
exceed one hundred (100) feet in length shall vary the alignment or setback
of at least one third (1/3) of the length of the fence or fence sections (as
applicable) by a minimum of five (5) feet.
14. First Reading of Ordinance No. 175, 1999, Appropriating Unanticipated Revenue in the
General Fund for the Local Action Plan Development for the Cities for Climate Protection
Campaign.
This Ordinance appropriates $9,175 of unanticipated revenue in the General Fund for the
Cities for Climate Protection Campaign that Fort Collins joined in 1997. The funds are part
of a grant to the City for use by the Natural Resources Department to complete development
of our Local Action Plan to Reduce Greenhouse Gas Emissions. This amount represents the
second half of the City's grant allocation, to be received in 1999 upon submittal of the final
report to ICLEI.
15. First Reading of Ordinance No. 176, 1999, Appropriating Unanticipated Revenue in the
Benefits Fund to Cover Medical Insurance Claims and Other Expenses.
This Ordinance appropriates revenue received in the Benefit Fund to cover estimated costs
of medical claims and benefit expenses in 1999. The remaining $400,000 in revenues
received in the Benefit Fund will be retained to augment plan reserves for future
unanticipated medical claims. In addition, changes are being made to the 2000 benefit plans
November 16, 1999
to increase revenues from employee contributions. This change is expected to further
enhance the Benefit Fund reserves standing.
16. First Reading of Ordinance No. 177, 1999, Appropriating Unanticipated Revenue in the
General Fund for the Climate Wise Local Government/Industrial Partnership to Reduce
Greenhouse Gas Emissions.
This Ordinance appropriates $11,000 of unanticipated revenue in the General Fund. These
funds will be used to encourage local industrial and manufacturing businesses to increase
energy efficiency, reduce waste generation, save money, and reduce their greenhouse gas
emissions. The City will encourage local businesses to participate in the Department of
Energy's and EPA's Climate Wise program through offers of technical assistance, economic
incentives, and opportunities for public recognition. Participating businesses will be able to
take advantage of existing outreach programs offered by the City's Transportation Demand
Management department to develop strategies to reduce emissions from the transportation
sector. In order to take a leadership role, the City also will develop a plan to reduce
greenhouse gases from municipal activities.
17. First Reading of Ordinance No. 190, 1999, Appropriating Prior Year Reserves for the 1998
Manufacturer's Use Tax Rebate Program.
In March 1996, City Council approved a temporary rebate program for use tax paid on
manufacturing equipment. The program was amended in February 1999 to include several
changes suggested by staff and the manufacturing community. The goal of the program is
to maintain the local economic base by providing modest tax relief to manufacturing
concerns located in Fort Collins. During 1998, the City of Fort Collins received $4,298,241
in use tax receipts from eligible companies within the Standard hndustrial Code classification
for manufacturers. This constitutes 72% of all use tax paid by local businesses in 1998.
18. First Reading of Ordinance No. 178, 1999, Continuing a Temporary Manufacturing
Equipment Use Tax Rebate Program For Fort Collins' Manufacturers.
In March 1996, City Council approved a temporary rebate program for use tax paid on
manufacturing equipment. The goal of the program was to maintain the local economic base
by providing modest tax relief to manufacturing concerns located in Fort Collins. The
program has been authorized to provide rebates to manufacturers for 1997, 1998 and 1999.
Modifications were made to the program in 1999 to reflect several requests made by the
manufacturing community. Staff is now requesting that Council approve the program
without any changes or modifications for 2001.
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November 16, 1999
19. First Reading of Ordinance No. 179,1999, Adopting the 2000 Classified Employees Pam
Classification Plan.
When the City initiated the project of revising the compensation and classification system,
there were specific objectives to be met as follows:
• Develop labor market comparisons that are consistent with the City's compensation
philosophy of total compensation set at the 70th percentile
• Implement an effective, dependable job classification system
• Consolidate job titles
• Develop a structured compensation plan
• Develop a compensation plan that is understandable to employees and easily
implemented by managers
This pay plan represents "Phase II" of the new pay plan implementation. This pay plan
continues in the philosophy of market comparability and competitiveness.
20. First Reading of Ordinance No. 180, 1999, Amending Section 2-575 of the City Code
Relating to Councilmember Compensation.
Article II, Section 3 of the City Charter provides that the compensation of Councilmembers
shall be adjusted annually for inflation in accordance with the Denver/Boulder Consumer
Price Index. In 1999, Councilmembers were compensated $515 per month, and the Mayor
received $770 per month.
This Ordinance amends Section 2-575 of the City Code to set the 2000 compensation of
Councilmembers at $525 and the compensation of the Mayor at $790.
21. Items Relating to the Brookfield Annexation and Zoning.
A. Resolution 99-136 Setting Forth Findings of Fact and Determinations Regarding the
Brookfield Annexation.
B. First Reading of Ordinance No. 181, 1999, Annexing Property Known as the
Brookfield Annexation to the City of Fort Collins.
November 16, 1999
C. First Reading of Ordinance No. 182,1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Brookfield Annexation.
This is an annexation and zoning of approximately 50.30 acres in size of private land. The
subject annexation is located south of East Harmony Road, east of Cinquefoil Lane
alignment, west of County Road 7 and north of County Road 36. The property has rural
agricultural uses and is in the FA-1 Farming District in Larimer County. The recommended
zoning is the Harmony Corridor District (HC). This is a 100% voluntary annexation.
APPLICANT: Tom Iskiyan
Chateau Development Co.
8101 East Prentice Avenue, Suite 815
Greenwood Village, CO 80111
OWNERS: Thomas Morroni
Electrical Equipment Engineering Company- Employee Profit Sharing Trust
P.O. Box 16383
Denver, CO 80216
North Poudre Irrigation Company
C/o Dwayne Aranci
41288 Weld County Road #15
Fort Collins, CO 80524
22. First Reading of Ordinance No. 183, 1999 Authorizing the Conveyance of Nonexclusive
Easement Interests for the Construction of Off Site Water and Sewer Lines Related to the
Hannon} Ridge P.U.D. in the Cathy Fromme Prairie Natural Area.
Staff and the Natural Resources Advisory Board (NRAB) have reviewed the easements and
utility plans and have no objections to the easements being approved. All four easements
will replace or modify existing easements to accommodate changes to plans for the water or
sewer lines. Three of the easements are very routine and have minimal impact to the Cathy
Fromme Prairie. Easement (1), as described in detail below raised issues that staff has
worked with the developer to address. The easement will require that the impacts during
construction be minimized and a restoration plan be developed and implemented. These
requirements are improvements over the currently existing easement.
November 16, 1999
23. Routine Easement.
A. Easement from Carl and Janet Gueswel to underground existing overhead electric
services, located at 617 Smith. Monetary consideration: $10.
Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek.
Second Reading of Ordinance No. 153,1999, Authorizing the Purchasing Agent to Enter into
an Agreement for the Lease -Purchase of Vehicles and Equipment and Appropriating Funds
Related Thereto.
9. Second Reading of Ordinance No. 161, 1999, Amending Section 2-28 of the Cites
Pertaining to Regular Meetings of the City Council.
10. Second Reading of Ordinance No. 162, 1999, Designating the South Unit of the Price Paired
Home 626 South Meldrum Street, Fort Collins. Colorado, as a Historic Landmark Pursuant
to Chapter 14 of the City Code.
11. Second Reading of Ordinance No.163, 1999, Designating the Arthur and Lillian Andrew
House, Barn and Garaee, 515-515% South Meldrum Street, Fort Collins, Colorado, as
Historic Landmarks Pursuant to Chapter 14 of the City Code.
12. Second Reading of Ordinance No. 164,1999, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Elizabeth Street Apartments Rezoning.
13. Second Reading of Ordinance No. 165, 1999, Making Various Amendments to the City of
Fort Collins Land Use Code.
34. Items Relating to Utility Rates for 2000.
A. Second Reading of Ordinance No. 166, 1999, Amending Chapter 26, Article III,
Division 4 of the City Code Relating to User Fees and Charges for Water.
B. Second Reading of Ordinance No. 167, 1999, Amending Chapter 26, Article IV,
Division 4 of the City Code Relating to Wastewater Fees and Charges.
C. Second Reading of Ordinance No. 168, 1999, Amending Chapter 26, Article VI,
Division 4 of the City Code Relating to Electric Rates and Charges.
November 16, 1999
D. Second Reading of Ordinance No. 169, 1999, Amending Chapter 26, Article VII,
Division 2 of the City Code Relating to Stormwater Fees.
E. Second Reading of Ordinance No. 170,1999 Amending Chapter 26 of the City Code
Relating to Fees for Raw -water Requirements for the Water Utility.
35. Second Reading of Ordinance No. 171,1999, Amendingthe he City Code to Adjust the Capital
Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation
Based on the Denver -Boulder Consumer Price Index.
36. Items Relating to the 2000 Downtown Development Authority Budget.
A. Second Reading of Ordinance No. 172, 1999, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal Year
Beginning January 1, 2000, and Fixing the Mill Levy for the Downtown
Development Authority for Fiscal Year 2000.
B. Second Reading of Ordinance No.173, 1999, Appropriating Revenue in the
Downtown Development Authority Debt Service Fund for Payment of Debt Service
for the Year 2000.
37. Second Reading of Ordinance No. 174, 1999, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2000 and Adopting the Budget for
the Fiscal Years BeginningJanuary 1, 2000, and Ending December 31, 2001, and Fixing the
Mill Levy for Fiscal Year 2000.
Ordinances on First Reading were read by title by City Clerk Wanda Krajicek.
14. First Reading of Ordinance No. 175, 1999, Appropriating Unanticipated Revenue in the
General Fund for the Local Action Plan Development for the Cities for Climate Protection
Campaign.
15. First Reading of Ordinance No. 176, 1999, Appropriating Unanticipated Revenue in the
Benefits Fund to Cover Medical Insurance Claims and Other Expenses.
16. First Reading of Ordinance No. 177, 1999, Appropriating Unanticipated Revenue in the
General Fund for the Climate Wise Local Government/Industrial Partnership to Reduce
Greenhouse Gas Emissions.
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November 16, 1999
17. First Reading of Ordinance No. 190, 1999, Appropriating Prior Year Reserves for the 1998
Manufacturer's Use Tax Rebate Program.
18. First Reading of Ordinance No. 178, 1999, Continuing a Temporary Manufacturing
Equipment Use Tax Rebate Program For Fort Collins' Manufacturers.
19. First Reading of Ordinance No.179,1999, Adopting the 2000 Classified Employees Pay and
Classification Plan.
20. First Reading of Ordinance No. 180, 1999, Amending Section 2-575 of the Cites
Relating to Councilmember Compensation.
21. Items Relating to the Brookfield Annexation and Zoning.
A. First Reading of Ordinance No. 181, 1999, Annexing Property Known as the
Brookfield Annexation to the City of Fort Collins.
B. First Reading of Ordinance No. 182,1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Brookfield Annexation.
22. First Reading of Ordinance No. 183, 1999 Authorizing the Conveyance of Nonexclusive
Easement Interests for the Construction of Off Site Water and Sewer Lines Related to the
Harmony Ridge P.U.D. in the Cathy Fromme Prairie Natural Area.
27. Items Relating to Amending Chapter 15 of the City Code Pertaining to Secondhand Dealers
and Pawnbrokers.
A. First Reading of Ordinance No. 184, 1999 Amending Chapter 15 of the City Code
Relating to Pawnbrokers.
B. First Reading of Ordinance No. 185, 1999, Amending Chapter 15 of the City Code
Relating to Secondhand Dealers.
28. First Reading of Ordinance No. 186, 1999 Authorizing the Conveyance of Non-exclusive
Easement Interests to Boxelder Sanitation District for the Construction of Flood Control
Measures and the Repair of Flood -Caused Damage in and Along the Poudre River in the
Archery Range Natural Area.
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November 16, 1999
Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
Ili :ifl�[i�l i�[N\;7;71�1a7
Staff Reports
City Manager Fischbach reported that the public nuisance ordinance has been postponed to February
1, 2000 pending review by the Council Health and Safety Committee on December 9 and the
completion of public outreach efforts.
Councilmember Reports
Councilmember Wanner reported on the Finance Committee's discussions regarding the competitive
process for the allocation of funds for affordable housing, the cost of living increase for the general
employees retirement plan members, the renewal of the audit contract with Bondi and Company, e-
commerce issues, electric deregulation, and transportation funding shortfalls.
Councilmember Mason reported on the Growth Management Committee's discussions regarding the
County open lands program, the Campus West Corridor Plan, the West Chase development,
amendments to City Plan, and rural and open lands stream corridors.
Councilmember Byrne reported on the North Front Range Transportation and Air Quality Planning
Council discussions regarding the State transportation funding allocation and federal flow -through
dollars from the gas tax, Weld County's transportation and public facilities impact fee, and the flow
of federal highway dollars to local planning regions.
Mayor Martinez reported on the Poudre School District Liaison Committee's discussions regarding
the performing arts center, Building Community Choices ballfield funding, and a proposed school
district bond issue for new schools.
Items Relating to Amending Chapter 15 of the City Code
Pertaining to Secondhand Dealers and Pawnbrokers, Postponed Indefinitely
The following is staff s memorandum on this item.
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November 16, 1999
"Executive Summary
A. First Reading of Ordinance No. 184, 1999 Amending Chapter 15 of the City Code Relating
to Pawnbrokers.
B. First Reading of Ordinance No. 185, 1999, Amending Chapter 15 of the City Code Relating
to Secondhand Dealers.
Thefirst major re -codification of the current ordinances regulating thepawn and secondhand dealer
industries was completed in 1972, with some minor changes made in 1986. A City staff team
(Police, Finance and City Attorney) began working on changes to the Code provisions in June of
1997 in order to address some issues that have arisen in the past 13 years regarding implementation
and enforcement.
The costs associated with monitoring, enforcing and regulating the industry, as required by the Code
and state law, have increased dramatically over the last 13 years. The different types ofsecondhand
property involved in transactions have also changed dramatically.
The proposed Code amendments have been made in order to increase consistency in reporting and
monitoringprocedures, provide those regulated with a clear understanding what is required ofthem,
and allow the City (Police Services) to recover some amount for the costs associated with
monitoring these establishments.
Throughout the process, staff asked for and received much input from both pawnbrokers and
secondhand dealers. Staffheld several meetings inviting all pawnbrokers licensed within the City
and two meetings to which all secondhand dealers currently licensed, and also those who would be
required to be licensed if the amendments were to be adopted, were invited. Staff also contacted
communities alongthe front range which regulate these two industries to determine the current costs
and practices in those communities. Changes are being recommended considering input from all
these sources.
The major changes to the pawnbroker regulations are as follows: raising the license fee from $55
to $1000, requiring a transaction fee to be set by the CityManager to cover the costs of monitoring,
requiring a single fingerprint from all persons pawning items, and requiring a work permit which
allows Police Services to run a background check and investigation of both employees and
pawnbrokers. Further, the time period for holds on property suspected to be stolen has increased
from 30 to 90 days in order to allow a more thorough investigation, as well as changing the hold
order procedure to allow the pawnbroker to return the item to the floor within a time certain should
no criminal prosecution result.
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November 16, 1999
With the secondhand dealers, the proposed changes include increasing the licensing fee from $55
to $100, establishing a hold order procedure and requiring a declaration of ownership from the
seller of secondhand property, and inspection of the premises."
Deryle O'Dell, Deputy Police Chief, presented background information regarding the agenda item
and stated that the proposed changes have been reviewed with the Health and Safety Committee and
pawnbrokers and secondhand dealers. He outlined the major recommended changes that would be
implemented with adoption of the two proposed ordinances.
City Attorney Roy reviewed revisions that have been made to the proposed ordinances following
publication in the printed agenda and noted that most of the changes are grammatical and that some
changes would relax the provisions relating to pawnbrokers.
The following individuals spoke in opposition to provisions of the proposed ordinances:
1. Mike McCormick, Courtesy Pawn Shop.
2. Jim Wade, 1127 Lawrence Drive, former pawnbroker.
3. Dave Hudson, Recycled Cycles owner.
4. Kristine Kirkpatrick, 946 Laporte Avenue.
5. Mark Murphy, 2832 Eagle Drive, pawn customer.
6. Tim Lanham, 730 East County Road 66E, Mister Money U.S.A.
7. Josh Lanham, employee of Mister Money U.S.A.
8. Greg Bell, attorney.
9. Matthew Will, employee of Mister Money U.S.A.
10. Jessica Lanham, employee of Mister Money U.S.A.
11. Ted Will, 77 Castle Mountain Drive, Livermore, Mister Money U.S.A. officer.
12. Jamie Will, employee of Mister Money U.S.A.
13. Kenneth Wolfe, attorney representing Mister Money U.S.A.
14. Chris Will, Mister Money U.S.A. owner.
15. Wendy Lanham, no address given.
16. Bernard Brennan, employee of Mister Money U.S.A.
17. Kay Dechairo, 601 Gait Circle.
18. Dave Rideout, Yesterday's Treasures owner.
19. Paul Thompson, Fort Collins resident.
20. Larry Bruns, 1706 Trailwood.
21. Jorge Figueroa, 2001 South Shields.
22. Tye Ricker, secondhand dealer and Mister Money U.S.A. consultant.
23. John Reagan, Fort Collins resident.
24. Dani Goodrich, employee of Mister Money U.S.A.
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November 16, 1999
Councilmember Mason asked about statistics relating to stolen goods at Fort Collins pawnshops.
O'Dell stated that the estimate is 1-3 percent.
Councilmember Byrne asked about the amount of stolen property recovered through pawnshops.
O'Dell stated that the amount recovered specifically from pawnshops is not itemized.
Councilmember Mason asked about common ways to recover stolen property. O'Dell spoke
regarding the recovery of stolen property.
Councilmember Kastein asked for an estimate of stolen property that would be recovered and the
amount of police hours that would be saved if fingerprinting was done. O'Dell stated that
fingerprinting would be primarily a crime deterrent and would aid prosecution.
Councilmember Bertschy asked for additional explanation regarding the need for an age requirement
and work permit. O'Dell explained the rationale for the age requirement and stated that the intent
is not to deter students from getting work experience at this type of business.
Councilmember Bertschy asked how many items would be covered by the transaction fee. City
Attorney Roy noted that the ordinance language may need to be reviewed as it relates to sale of a
number of small items such as CD's.
Councilmember Bertschy asked if more than one license would be required if an entityhas more than
one outlet. City Attorney Roy stated that the language could be reviewed prior to Second Reading.
Councilmember Byrne asked about the rationale for the increase in the pawnbroker's license fee.
O'Dell spoke regarding the recovery of stolen property from pawnshops.
Councilmember Bertschy asked about the penalties for pawning of stolenproperty and whetherthere
is sufficient deterrent already in place for to discourage pawnshops from receiving stolen property.
Detective Dave Mickelson spoke regarding the need to identify persons who pawn stolen property.
Councilmember Weitkunat asked for further statistical information demonstrating the need for the
ordinance. Mickelson presented the police perspective regarding arrests and recovery of stolen
property.
Councilmember Weitkunat asked about the rationale for the increase in the license fee to $1,000 and
for imposition of a transaction fee. O'Dell stated that the role of the police department is inspection,
monitoring and enforcement.
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November 16, 1999
Councilmember Weitkunat questioned the need for work permits for any business. Mickelson spoke
regarding turnover in pawnshop personnel.
Mayor Martinez asked about the computer system used for identification. Mickelson spoke
regarding the process for identification based on fingerprints.
Mayor Martinez asked about the percent of recovered stolen property and the number of pawnshops
in the County and Denver metropolitan area. Mickelson stated that there is one pawnshop in the
County and about 100 in the metro area.
Councilmember Mason asked how much stolen property from other cities is pawned in Fort Collins.
Mickelson spoke regarding limitations in the current computer system in identifying property stolen
in other cities.
Mayor Martinez asked about the timeframe for investigating applicants for work permits. City
Manager Fischbach stated that the ordinance allows up to 45 days. O'Dell stated that a temporary
work permit would be issued until the background check is completed.
Councilmember Mason asked if fingerprinting will deter repeat offenders. Mickelson stated that
fingerprinting is intended to be a tool for prosecution rather than a deterrant.
Councilmember Kastein asked where the need for fingerprinting is justified in the ordinance. City
Attorney Roy stated that the rationale for fingerprinting is not included in the preamble for the
ordinance.
Councilmember Mason asked for clarification that the point of the ordinance is prosecution of the
criminal rather than recovery of stolen property. O'Dell stated that prosecution and recovery are
both important.
Mayor Martinez asked if the department could function as needed without the transaction fee. City
Manager Fischbach stated that the transaction fee could be reduced.
Councilmember Byrne spoke regarding the issue of fingerprinting and asked about the practice in
other communities. O'Dell stated that the practice in other communities is fairly recent.
Councilmember Byrne asked if transactions at otherbusinesses such as banks require fingerprinting.
City Manager Fischbach noted that some businesses fingerprint individuals who wish to cash checks.
Councilmember Byrne asked about the legality of fingerprinting. City Attorney summarized case
law regarding fingerprinting and regulated industries.
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November 16, 1999
Councilmember Weitkunat asked if the police department reviews every item pawned. Mickelson
stated that pawnbrokers report all transactions to the police on a weekly basis.
Councilmember Wanner made a motion, seconded by Councilmember Byme, to send the item back
to the Health and Safety Committee.
Councilmember Mason thanked the members of the community for their input.
Councilmember Byrne spoke regarding the role of government in achieving a balance between
democracy and order.
CouncilmemberBertschy requested a friendly amendment to the motion to postpone both ordinances
indefinitely. The motion maker and the second accepted this as a friendly amendment.
Councilmember Weitkunat spoke regarding the need for all parties to work together to achieve a
quality ordinance that accomplishes what is intended.
Councilmember Kastein noted that Council will consider the input from the police department and
the community.
The vote on the motion to send the ordinances back to the Health and Safety Committee and to
postpone Ordinance No. 184, 1999 and Ordinance No. 185,1999 indefinitely was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
("Secretary's Note: Several Dial -a -Ride clients were allowed to provide input regarding Second
Reading of Ordinance No. 174, 1999 at this point in the meeting. Their input is recorded later in the
minutes as part of that agenda item.)
Ordinance No. 186,1999
Authorizing the Conveyance of Non-exclusive Easement
Interests to Boxelder Sanitation District for the Construction of
Food Control Measures and the Repair of Flood -Caused Damage in and
Along the Poudre River in the Archery Range Natural Area, Adopted on First Reading
The following is staff s memorandum on this item.
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November 16, 1999
"Financial Impact
The Boxelder Sanitation District (BSD) will be responsible for all costs associated with the food
control measures and repairs to flood cause damage that they are proposing. The City will be
compensated for the fair market value of the both the permanent and temporary construction
easement as consideration. The amount will be determined prior to Second Reading.
Executive Summary
This past summerBoxelder Sanitation District (BSD) received an easement from the City to do some
minor emergency repair work along the Poudre River south of its sewer lagoons. This work will be
done by the USArmy Corp of Engineers later this fall. To adequately protect the BSD lagoons and
a 4 inch sewer line, BSD contends that much more work is needed before food season next spring.
BSD has received approval from the Lorimer County Flood Review Board for its proposed flood
control measures. BSD needs an additional easement from the City prior to performing the
additional work.
Staff, the Natural Resources Advisory Board (NRAB), and the Water Board, recommend that the use
of the easement be limited to the construction of only four of the nine food control measures and
repairs of flood cause damage proposed by BSD at this time. Staff has determined that a more
extensive study of the River is needed to define what food control measures are warranted, to
further explore alternatives, and to ensure that any food control measures are compatible with
future natural area restoration and enhancement efforts on the property. The other five food
control measures would have a significant impact on the River and on property that the Natural
Resources Department (NRD) is in the process of acquiring for natural area purposes south of the
River. Staff is recommending that the NRD partner with BSD to fund the study, since the NRD
manages (or will soon manage) on behalf of the City most of the surrounding property.
BACKGROUND:
Over the last three months, the County Stormwater Engineer, and staffhave been meeting with BSD
to determine what food control measures are necessary to protect their treatment plant and a 4"
force main sewer line from food damage. In August, BSD made a presentation to the Lorimer
County Flood Review Board. The Flood Review Board questioned some of the measures that BSD
was proposing, and tabled the issue to allow BSD time to resolve the concerns noted by the Flood
Review Board and to resolve issues with the City (Stormwater and Natural Resources). Members
of the NRAB and staff have toured the BSD site and have had two presentations on the flooding
problems facing BSD. On September 29, BSD presented the NRAB with its latest flood protection
strategy. On October 13, the Natural Areas (NA) subcommittee of the NRAB met to discuss BSD's
proposal. On November 3 the subcommittee reported back to the NRAB. The NRAB approved the
recommendation made by the NA subcommittee. The flood control measures and repairs that the
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November 16, 1999
NRAB and staff have agreed are appropriate for BSD to construct at this time are the four items
listed below. On October 22, BSD met again with the Larimer County Flood Review Board. The
Flood Review Board approved most of the proposed food control measures with these
contingencies: 1) BSD must get the final plans approved by City and County technical staffprior
to starting construction, and 2) BSD must work to obtain approval from FEMA, although the Flood
Review Board is not requiring FEMA approval before construction begins.
City Stormwater and Natural Resources staff have determined that many of the food control
measures that BSD is proposing warrant further study. Many of the food control measures will
have a significant impact ofthe River and the surroundingproperty. The impacts range from short-
term loss of vegetation to long-term effects on the f oodway and f oodplain. Staff is proposing that
the Natural Resources Department (and perhaps other property owners in the area) partner with
BSD to fund an extensive study of the River between the Environmental Learning Center and the
railroad track south of the BSD site. The study would focus on the south bank and would present
alternative for formalizing the flow splits, evaluate stream and bank stability, prepare a
regrading/reclamation plan for the POE and Rigden gravel pits, and obtain FEMA's approval for
proposed food control measures prior to construction.
Staff, NRAB and Water Board, agree that the following f ood control measures and repairs to f ood
caused damage should be allowed at this time. Item 1 is the repair and protection of a sewer force
main, which will require an amendment to an easementpreviously granted to BSD by the City. Item
2 is permitted under the easement granted to BSD by the City in July, 1999, and is the complete
removal of a dike on the south bank that was built byLaFarge to protect its gravel mining operation,
which is no longer needed. Items 3 and 4 will require anew temporary and permanent easement,
respectively. Item 3 is the restoration ofareas on Cityproperty that were washed out during the '99
flooding. Item 4 is a long-term reasonable measure to protect the lagoons and constructed wetlands.
These items are listed below and are shown on an attached drawing. They are identified on the
drawing by the number of the item.
Item 1. Protect Force Main Near Railroad Tracks. BSD wants to protect the force main near the
railroad tracks where a washout occurred during the '99 f ood. BSD would place riprap and
cover with topsoil. BSD would revegetate the disturbed areas with native plant materials.
BSD already has an easement from the Cityfor the force main that allows them to perform
maintenance, and an amendment to the easement will allow the alteration ofthe plan for the
sewer line to include the new protective measures.
Item 2. Remove a dike that was built by LaFarge in 1995 on City property just south of its plant.
The USArmy Corp of Engineers will remove the north half of this dike as apart of the work
that was included in an easement granted to BSD in July. BSD is proposing to remove the
south half of the dike and return the bank to the pre -gravel mining elevation. BSD would
revegetate the disturbed areas with native plant materials.
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November 16, 1999
Item 3. Restore three eroded breakouts to pre-existing flood conditions. Some ofthese cuts are 10'
deep and 20' wide. BSD must not use material from the River or the gravel bar for this fill.
BSD would revegetate the disturbed areas with native plant materials.
Item 4. Install Buried Rpprap to protect sewage lagoons and constructed wetlands. BSD would like
to install buried riprap on City property at location 4a) to protect the sewage lagoons and
on BSD property at location 4b) to protect the constructed wetlands. These measures would
be along the north bank of the River immediately adjacent to the lagoons and constructed
wetlands. BSD must not use material from the River or thegravel barfor this fill. BSD would
cover the riprap with topsoil and revegetate the disturbed areas with native plant materials.
This work is an extension of the lagoon protection work, to be started by the USArmy Corp
Of Engineers latter this fall, that was included in an easement granted to BSD in July.
Staff, NRAB and Water Board, have determined that the following flood control measures should
be not be constructed at this time. These measures are hard -engineered expensive solutions that will
have a significant permanent impact on the River and therefore warrant further study. Additional
study will allow time to look at alternative (possibly softer and less expensive) flood control
measures, integrate the flood control measures with the reclamation of the natural areas along the
south bank of the River, and will ensure that the proper measures are used to minimize the impacts
to the River. These items are listed below and are shown on an attached drawing. They are
identified on the drawing by the number of the item.
Item 5. Construct two rock control structures in theRiver, one upstream ofthe BSD plant and one
downstream of the plant. BSD's engineer claims that these structures will stabilize the bed
of the River. The upstream structure 5a) is not on City property and therefore no easement
is requiredfrom the City to construct this structure.
Item 6. Construct two rock drop structures in the River just south of the BSD plant. BSD's
engineer says that these structures will dissipate energy in the River to control erosion. They
would also provide additional aeration of the water, which is beneficial for water quality,
aquatic life, and would enhance mixing of the BSD effluent and the Poudre River. The 1.5'
drop structure 6a) is not on City property and therefore no easement is required from the
City to construct this structure.
Item 7. Construct a 350' Weir. This would allow floodwaters to breakout of the River at a
controlled location and would protect the BSD plant and 4"force main sewer line. BSD
would like to build an interim earthen weir with minimal riprap along the River and then
come back in later and harden it with additional riprap and concrete. As a part of the
earthen weir BSD would also need to protect three sewer manholes with buried riprap. BSD
would revegetate the disturbed areas with native plant materials.
20
November 16, 1999
Item 8. Additional cover on the CDOT force main. BSD installed a 4 "force main sewer line to the
new Colorado State Patrol Building and the CDOT rest area on I-25 last year. Although it
had not been placed into service, it was damaged by last spring's flood. BSD repaired and
improved the force main this summer, put it into service this fall, and would now like to
place an additional 2.5' to 3.0'of material over the line for a distance of 2,500'.
Item 9. Remove approx. 4' depth of sand bar deposits and sculpt sand bar bank. BSD feels that
this will increase the channel carrying capacity and provide the River additional area to
dissipate its energy. The Flood Review Board did not consider this."
Mark Sears, Natural Resources Program Manager, presented background information regarding the
agenda item and showed slides to give a visual orientation for the site. He stated that the City is the
landowner of property on which the Boxelder Sanitation District would like to construct
improvements and also the owner of adjacent land that would be impacted by the improvements.
He noted that the District is proposing nine flood control measures and damage repairs and that staff,
the Natural Resources Advisory Board and the Water Board agree with Boxelder on four of those
items: (1) repairs to the force main, (2) removal of the south half of a dike built in 1995, (3)
restoration of three eroded areas, and (4) riprap work along lagoons and constructed wetlands. He
stated that staff feels that the other five items require additional work and study.
Ravi Srivastava, engineer representing Boxelder Sanitation District, spoke regarding the history of
flooding, gravel mining, and dike improvements near the site and impacts on Boxelder facilities.
Randy Fischer, Natural Resources Advisory Board, spoke regarding long term stability of the river
channel and long term restoration goals for natural areas along the river and endorsed staffs
recommendation.
Ramon Aj ero, 3712 Soderburg Drive, spoke regarding the folly of ill-conceived river structures and
urged Council to follow staff s recommendation.
Scott Wilkinson, civil engineering student at CSU, spoke regarding the need to protect the force
main to prevent spillage of effluent into the river.
Sally Craig, 1409 South Summitview, stated that there is a need to carefully develop a plan for the
area and spoke in support of the staff recommendation.
Dean Smith, Boxelder Sanitation District manager, stated that the District supports the study of the
area, that the project would not damage the environment, and that it is in the District's interest to be
in compliance with all regulations and to protect the environment.
21
November 16, 1999
Gordon Wellfly, Timnath area resident, spoke regarding the benefits ofriver restoration and the need
to protect the environment.
CouncilmemberByme asked about the risk ofdelay. Bob Smith, Stormwater Utility Manager, spoke
regarding the phasing of restoration and the staff recommendation regarding improvements. Mr.
Srivastava spoke regarding the Larimer County Floodplain Variance Board approval of placing a
cover on the force main. City Manager Fischbach noted that this approval was subject to the City's
approval of the work. Sears stated that the Board's approval included contingencies requiring review
and approval of the plans by City and Larimer County technical staff and requiring Boxelder to seek
approval from FEMA after construction. Mr. Srivastava spoke regarding the contingencies placed
upon the Board's approval.
Councilmember Bertschy asked about the liability ofLaFarge to resolve the problem created bytheir
construction of a dike on City property. Sears stated that LaFarge is working with Boxelder on the
issue.
Councilmember Bertschy asked about objections to item 9. Bob Smith spoke regarding alternatives
to dredging a channel that would have less impact than the proposal.
Mayor Martinez asked ifvegetation would be destroyed ifBoxelder's proposal is implemented. Bob
Smith stated that the recommended work will not destroy vegetation.
Councilmember Byme asked for clarification that the work proposed by Boxelder would involve
more structural engineering work and that the alternative would be to study "softer" approaches.
Sears stated that further study is recommended to determine if the proposed structures are in the
appropriate locations, if the structures are of an appropriate type, and if they are as environmentally
sensitive as possible. The other aspect of the study would be to integrate the improvements with the
reclamation of gravel pits to the south. He stated that the overall negative impacts to the river of the
structures proposed by Boxelder are potentially greater than the potential release of sewage from the
four -inch sewage line. City Manager Fischbach stated that the City staff, Natural Resources
Advisory Board, and Water Board are recommending the delay to provide an opportunity for further
study.
Councilmember Kastein noted that the City may not be financially responsible if there is a release
of sewage from the line and asked for the District's perspective. Dean Smith spoke regarding
criminal and personal liability and requested indemnification of the District if there is to be a delay
in the improvements.
22
November 16, 1999
Mayor Martinez asked if permission was obtained from the County when the District installed the
sewer line. Dean Smith noted that County permission was not required because the grade was not
changed.
Councilmember Weitkunat asked why granting of an easement is required. Sears stated that the
structures on City property would require an easement from the City, while the structures that are
not on City property would not require such an easement.
Councilmember Weitkunat asked about the size of the disputed control structures. Mr. Srivastava
spoke regarding the approximate size of the structures.
Councilmember Weitkunat asked about the restoration of LaFarge property and changes to the river
as a result of LaFarge activities. Sears stated that LaFarge would be required to restore the property
to pre -mining condition.
Councilmember Weitkunat asked about the hazards imposed upon the river by sewage treatment
facilities such as lagoons. Bob Smith spoke regarding risks due to flooding or damage to facilities.
Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 186, 1999 on First Reading.
Councilmember Mason spoke in favor of following the recommendation of staff and the City's
boards.
Councilmember Weitkunat spoke regarding the available choices and favored protecting the sewage
treatment facilities from spring flooding risks. She stated that she would not vote in favor of the
motion.
Councilmember Kastein questioned selecting only certain elements out of an engineering solution
and stated that it is not clear that it is the City's risk.
Councilmember Bertschy spoke in favor of eliminating the immediate problems and working
together to develop a total solution.
Councilmember Byrne spoke in favor of the motion and expressed a concern with dealing with this
type of situation in crisis mode.
Councilmember Wanner stated that there are other alternatives such as shutting down the line
temporarily if flood threatens and that the risk is reasonable and warranted. He stated that he would
support the motion.
23
November 16, 1999
Mayor Martinez expressed concerns regarding the risks of delay.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Mason, and
Wanner. Nays: Councilmembers Kastein, Martinez, and Weitkunat.
THE MOTION CARRIED
Resolution 99-137
Establishing a Policy to Take Cost-effective Actions That Benefit
the Community to Reduce Local Greenhouse Gas Emissions, Adopted as Amended
The following is staff s memorandum on this item.
"Financial Impact
Adopting the Resolution incurs no financial impact. However, the Resolution directs the City
Manager to consider greenhouse gas reducing activities in the Plan in budget and staff work plan
development. At each budget cycle, Council would evaluate greenhouse -gas -reducing activities in
the overall context of budgetary decision -making and determine whether the actions merit funding
at that time. For measures in the Plan with cost estimates, known capital costs would be about
$500, 000 over ten years, and annual operating costs would be about $237, 000/year, which is more -
than -offset by annual savings of $336, 000/year.
Executive Summary
At a June Study Session, Council reviewed the Local Action Plan to Reduce Greenhouse Gas
Emissions ("the Plan'). In response to Council direction, the Plan has been amended to focus on
actions that not only reduce greenhouse gases but also improve local air quality, reduce local
energy bills, support existing goals and City projects, or provide other benefits to Fort Collins'
citizens and businesses. The purpose of the proposed resolution is to begin Plan implementation.
By adopting the Resolution Council would:
• Acknowledge the importance of reducing greenhouse gas emissions
• Accept the Plan as a blueprint for implementation, without committing budget resources to any
specific action at this time
• Grant the City Manager flexibility to select specific actions from the Plan, to be advanced in
budget recommendations and staff work plans
• Require the City Manager to convene a staff Energy Management Team, to sustain a focus on
effective greenhouse gas reducing activities and to coordinate reduction of greenhouse gases
from municipal operations
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November 16, 1999
• Require the City Manager to prepare a biennial report for Council, in advance of City budget
preparation, evaluatingpastgreenhouse-gas-reducing activities, and making recommendations
for future action
• Require the City Manager to consider greenhouse -gas -reducing activities in his budget
recommendations, and Council would decide whether to commitfunds to implement specificplan
measures in the context of budget adoption.
BACKGROUND:
The City has an outstanding track record for implementing programs to address environmental
concerns. The City's environmental programs focus on local issues, but they take a broader
perspective and attempt to make a difference in addressing environmental concerns that cross
jurisdictional boundaries. The programs take to heart the time-honored phrase of "thinking
globally and acting locally. "
Climate change is a prime example of a global issue with local implications. Scientific consensus
is growing that the risk of a climate change is significant enough to warrant prudent action to
reduce greenhouse gas emissions now, especially since such actions provide many local benefits
such as decreasing air pollution, creating jobs, and reducing energy bills.
TheXities for Climate Protection Campaign, " coordinated by the International Council forLocal
Environmental Initiatives (ICLEI), helps local government to identify and implement community
actions to reduce greenhouse gas emissions. More than 300 municipalities worldwide now
participate in the campaign, including Denver, Boulder, and Aspen.
The 1996 Fort Collins Air Quality Action Plan calls for participation in the `Cities for Climate
Protection Campaign, "and the City became a member in July 1997. By joining the campaign, the
City voluntarily committed to thefollowing:
• Audit 1990 greenhouse gas emissions and forecast emissions in 2010.
• Set a greenhouse gas emissions reduction target.
• Develop a local action plan to meet the target.
In July 1998, an interdepartmental staff team and a citizen advisory committee were convened to
carry out these commitments, supported by a grant f om ICLEL The staff team and citizen committee
labored for over a year to develop the Plan, a ten-year blueprint to guide efforts to reduce local
greenhousegas emissionsftomfossilfuel combustion and waste generation. Since June1997,many
hours ofstafftime and volunteer services have been invested in the careful development ofthis Plan.
Reasonable, defensible numbers were used in developing the emissions audit and in estimating the
reduction potential ofproposed actions. The staff team and citizen committee completed its work
25
November 16, 1999
by developing the Local Action Plan to reduce greenhouse gases. Afull copy ofthe Plan is available
in the Council Office.
The emissions audit and draft plan were completed in May 1999 and extensive public outreach was
conducted, including a Council study session on June 8, 1999. As a result offeedback received from
Council and the public in May and June, the draft plan was modified in the following ways:
Reorganization of the measures into the following categories
Existing — measures that already exist in the community or City organization although they
are not necessarily completed.
New —measures that emerged initially though greenhouse gas reduction discussions and are
primarily intended to reduce greenhouse gases.
Pending — measures not yet approved by the City, but that would be brought forward for
consideration under the normal course of business, regardless of their capacity to reduce
greenhouse gas emissions,
• Improved quantification of the costs and benefits of New and Pending
Measures.
• Prioritization by the Staff Technical Team and the Citizen Advisory Committee
of the new and pending measures.
• Elimination of the following measures:
Cleaner Buses,
Mandatory Recycling,
Transportation Funding Advisory Committee Recommendation,
Establish a Compressed Natural Gas Fueling Station for Gov. Fleets.
• Addition of the following measures:
Satellite parks shop,
Natural areas shrub planting,
City feet propane vehicles.
Attachment 1 provides the best available estimates of the costs and savings associated with the
proposed measures, although not all costs or savings could be estimated.
Public Outreach
Public comment was gathered on the original draft plan in May from civic groups, interested
citizens, via the Web, and at a public open house. No major concerns were identified through this
process. Efforts were made to send the revised plan (September 1999) to all those commenting on
the original draft.
26
November 16, 1999
Staff has made presentations to four City advisory boards in the course of the development of the
Plan (Air Quality, Electric, Transportation, and Natural Resources) and six additional boards
received a copy of the original draft plan in May.
All comments received by the Natural Resources Department on the Plan are documented in the
Listening Log (See Attachment 3.)
Board Review
The Air Quality, Transportation, Electric, and Natural Resources Advisory Boards all support the
Plan. Each of these Boards has recommended that the Council adopt stronger language in the
resolution that resolves to implement the Plan over its ten year period, and identifies a desired
greenhouse gas reduction target. These recommendations are based on the belief that adoption of
a reduction target makes a stronger statement to City staff, the community, and other local
governments about Fort Collins' commitment to reduce greenhouse gases. The recommendations
of the Boards are included in Attachment 2 and its comments are included in the Listening Log
(Attachment 3).
If Council were to follow the Boards'suggestion, then:
• The City Manager would be required to consider the reduction target when recommending
actions for implementation.
• The final decision to implement measures in the Plan would still be made as each successive
biennial budget is developed.
Council would resolve to adopt a numeric greenhouse gas reduction target.
• Council would have to approve any changes to the reduction target
Please note that there is no penalty or sanction from ICLEI or any other governmental entities ifthe
Council chooses not to set an emission reduction target, or if it does set a target and fails to meet
it.
Response to Questions Raised by Council at June 8, 1999 Study Session
See Attachment 4. "
Lucinda Smith, Environmental Planner, gave a brief presentation regarding the agenda item. She
stated that implementation of measures in the revised Local Action Plan would lead Fort Collins
from a worst case 2010 emissions level of 3.5 million tons to an emissions level of 2.4 million tons.
She stated that the proposed plan is moderate and presents cost effective methods for consideration.
27
November 16, 1999
Jill Baron, representing the citizen advisory committee, spoke regarding the work of the committee
and benefits of the plan, urged adoption of the Resolution, and encouraged Council to adopt a
reduction target.
Janna Sixx, Poudre Canyon Group of the Sierra Club, stated that the Sierra Club endorses measures
to reduce greenhouse gases and urged Council to implement the recommendations made by the staff
and the advisory committee.
Gina Janett, 620 Colorado, spoke in support of the adoption and implementation of the plan.
Phil Friedman, 201 South Grant, citizen advisory committee member, spoke in support of the plan
and adoption of local targets for reduction.
Mary Warring, 309 Orilla Del Lago, representing the Transportation Board, stated that the Board
unanimously endorses the plan.
Eric Levine, Air Quality Advisory Board chair, stated that the Board endorses the plan.
Sally Craig, 1409 South Summitview, spoke in support of implementation of the plan and adoption
of a target for reduction of emissions.
Kelly Ohlson, 2040 Bennington Circle, spoke regarding the modest nature of the recommended
program and urged Council to follow through on what is adopted.
Ramon Ajero, 3712 Soderburg Drive, supported the action plan to address global, regional and local
issues and urged Council to adopt a reduction target.
Jeff Eighmy, 737 Dennison Avenue, representing the Electric Board, stated that the Board
unanimously voted to urge Council to adopt the action plan. The Board particularly endorses the
sections relating to renewable energy and urges the setting of numerical goals as the plan is
implemented.
Randy Fischer, representing the Natural Resources Advisory Board, stated that the Board
unanimously endorses the adoption of the plan.
Nancy York, 130 South Whitcomb, Air Quality Advisory Board, supported adoption and
implementation of the plan.
Councilmember Weitkunat asked if the Resolution includes implementation strategies. City
Attorney Roy stated that the Air Quality Advisory Board has forwarded to the Council a proposed
amendment to the Resolution to add language relating to implementation.
November 16, 1999
Councilmember Weitkunat asked for information regarding how the plan could be connected to
departments for implementation through departmental budgets. City Manager Fischbach stated that
his intent would be to identify what can be done within each department to implement the plan.
Councilmember Byrne asked about the projections for increases in greenhouse gases in light of
changes to more efficient vehicles. Lucinda Smith stated that the forecast is a worst case scenario
based on the current level of fuel efficiency.
Councilmember Kastein asked how the energy management team would work and if funds have been
allocated for its operation. City Manager Fischbach stated that the team would be an internal staff
team.
CouncilmemberMartinez asked about differences in opinion regarding global warming andpreferred
having the Resolution refer to air pollution instead of global warming. He expressed a concern about
directing implementation before budgetary matters can be evaluated.
Councilmember Mason noted that an implementation work plan would be included in the next
budget cycle.
Councilmember Bertschy asked about development of the language for the Resolution as proposed
by staff. City Manager Fischbach stated that the language reflects discussion at the June 8 Council
Study Session.
Councilmember Kastein spoke regarding the Council consensus reached at the June 8 Study Session.
Councilmember Wanner asked about budget impacts ofthe program. City Manager Fischbach stated
that the budget impact has not yet been determined.
Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Resolution
99-137 with an amendment to Section 4 to read as follows: "The City Manager is hereby directed
to implement municipal greenhouse gas reduction activities in the plan to reduce local greenhouse
gas emissions by at least 30% below predicted 2010 levels."
Councilmember Mason spoke in favor of setting a target for reduction and stated that he believes that
the target can be achieved.
Councilmember Kastein stated that he does not support establishing a target and spoke in favor of
amending Section 3 to allow prioritization.
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November 16, 1999
Councilmember Wanner spoke in favor of undertaking activities to reduce emissions and pollution
while saving the City money.
Councilmember Kastein expressed a concern about new programs that do not have additional
benefits. Lucinda Smith spoke about the benefits of some new programs in improving air quality
and saving energy.
Councilmember Byrne commented that this would set in motion ongoing evaluation of how the City
is doing with respect to energy usage.
Councilmember Weitkunat spoke regarding efficient use of dollars and resources and expressed a
concern that adoption of the Resolution changes priorities when costs are unknown. She spoke in
favor of implementation through the departments.
Councilmember Bertschy spoke in support of the language regarding implementation.
Councilmember Mason spoke in favor of adding the language regarding implementation and spoke
regarding the issues of global warming and energy efficiency.
Councilmember Kastein questioned the 30% target, which would require actions and costs that
would normally not be taken.
Councilmember Wanner asked for information regarding estimated costs and savings. Lucinda
Smith stated that existing and pending measures would achieve a 28% reduction and that new
measures would provide an additional 4% reduction. She summarized estimated costs and savings
outlined in the staff memorandum.
Councilmember Wanner asked for additional information regarding the net savings that would be
achieved through implementation. Eric Levine, Air Quality Advisory Board chair, spoke regarding
air quality and cost savings benefits.
Councilmember Weitkunat expressed concern that costs are unknown and supported returning to the
original language of the Resolution.
Councilmember Kastein expressed concern regarding unknown costs of the 30% goal and the cost
of new programs.
Councilmember Wanner amended the original motion to add the words `while achieving cost
effectiveness in each program." Councilmember Mason accepted the amendment to the original
motion.
30
November 16, 1999
The vote on the motion to adopt Resolution 99-137 as amended by the addition of language to
Section 4 reading as follows: "The City Manager is hereby directed to implement municipal
greenhouse gas reduction activities in the plan to reduce local greenhouse gas emissions by at least
30% below predicted 2010 levels, while achieving cost effectiveness in each program." was as
follows: Yeas: Councilmembers Bertschy, Byrne, Martinez, Mason, and Wanner. Nays:
Councilmembers Kastein and Weitkunat.
THE MOTION CARRIED
Ordinance No.179,1999,
Adopting the 2000 Classified Employees
Pay and Classification Plan, Adopted on First Reading
The following is staff s memorandum on this item.
"Financial Impact
Funding -for the Pay and Classification Plan will be accomplished with existing funds, as proposed
by the 2000 budget.
Executive Summary
When the City initiated the project of revising the compensation and classification system, there
were specific objectives to be met as follows:
• Develop labor market comparisons that are consistent with the City's compensation
philosophy of total compensation set at the 70 percentile
• Implement an effective, dependable job classification system
• Consolidate job titles
• Develop a structured compensation plan
• Develop a compensation plan that is understandable to employees and easily implemented by
managers
BACKGROUND:
This pay plan represents "Phase II" of the new pay plan implementation. In addition, this pay plan
continues in the philosophy of market comparability and competitiveness.
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November 16, 1999
PRIMARYDATA SOURCES:
Mountain States Employer's Council (MSEC):
MSEC's Colorado Front Range Compensation Survey represents Colorado employers of all sizes,
from as few as 16 employees to more than 32, 000. Data is collected from 468 respondents situated
all across the front range, including the four geographic areas of Denver/Boulder, Northern
Colorado, Colorado Springs and Pueblo and representing 80,360 employees. The Northern
Colorado survey information includes 43 employers of various sizes, representing a total of over
20, 000 employees. Although public sector employers are included in the survey, they represent only
8% of the employers. MSEC surveys 352 benchmark jobs.
Colorado Municipal League (CML):
CML reports compensation information from 93 jurisdictions in the State of Colorado, including
71 municipalities, 16 counties and five special districts. Seventy-six of the 93 participants have
populations over 5, 000. The survey provides information on 79 benchmark jobs commonly shared
by most municipalities, as well as a second survey of 32 executive and management level jobs in the
public sector.
Longmont Total Compensation Survey:
Produced by the City ofLongmont, this surveyprovides compensation information on 72 benchmark
jobs from 76 public and private employers in the Denver/Boulder and Northern Colorado areas.
Manyjobs in the Longmont survey are included in the CML survey, but this survey is the only source
for electric utility jobs.
Results:
Pay Plan: The pay structures were again established by calculating the 70th percentile on
benchmarks and allowing approximately a 10% difference between pay grades. Pay ranges still
capture a 36% spread. This calculation was done in concert with an examination of the benefit
plans and structures offered by the City and those provided by comparative municipalities. This was
conducted to meet the need to manage the City's total compensation philosophy. Several changes
to the benefit premiums and plan designs have been instituted for 2000 that will result in an increase
in employee contributions and bring the benefit reserve fund into a more fiscally viable position.
The pay for each pay grade has been reviewed by comparing the benchmark jobs in each
occupational group to similar jobs in the local private and public sectors. This analysis permitted
an evaluation of the competitiveness of the pay grade. Each of the pay grades in an occupational
group was similarly analyzed, and if it was observed that a structure adjustment was needed, the pay
ranges in that occupational group were adjusted.
These analyses indicated that 6 of the 10 occupational groups needed to be adjusted to remain
competitive with the market. The proposed average structure adjustment is 3.65%
32
November 16, 1999
Job Classifications: Several jobs have been re -graded, bringing the pay range for the job into
alignment with market data. The majority of jobs continue to be properly classified, as evidenced
by the exhaustive market analysis conducted.
2000-2001 Service Additions to the Budget
Acknowledging the input of the public and the Boards and Commissions of the City, Council has
directed that the following service additions be included in the 2000-2001 Budget for the City of
Fort Collins.
Primary Services
Cottonwood Park Maintenance
Stewart Case Park Maintenance
Civic Center Park Maintenance
Harmony Park Maintenance
Park Facility Maintenance
Regional Trails
Median Maintenance
Horticulture Center
Parking Structure
City Ojf ce Building O&M
I-25 Interchange
Facilities Major Maintenance
Police Staffing
CADIRMS-Police
CADIRMS-Municipal Court
800 MHZ System
Land Bank
Affordable Housing Production
Land Use Code
E. Mulberry Corridor Project
Zoning Inspector
Plans Analyst
Building Inspector
Development Review Engineer
Development Review Engineer
Hearings Officer
Traffic Signal Timing System
Transportation Planning/Local
2000
Ongoing
30,392
52,169
30,317
48,852
14,408
36,165
110,000
46,500
2000
2001
One-time
Oneor inQ
24,346
65,126
13,025
35,997
15,000
8,136
7,457
22,050
110,000
6,326
97.700
140,000
100,000
100,000
288,700
484,330
179,168
50,000
264,000
250,000
160,036
20,000
127,000
30,720
66,576
59,681
68,176
68,176
10,000
33
1,897
25,457
1,000,000
100,000
569,604
50,000
228,879
20,000
2001
One-time
44,936
4,210
100,000
323,000
199,609
58,309
350,000
500,000
Match
Municipal Court Move
Public Nuisance Abatement
Coordinator
Fall Leaf/Xmas Tree Drop-off
Central Recycling Drop-off Site
Construction/Demolition Debris
Renovation of Old Town Parking
City Wind Power @ 3%5%
Community Separator Plan
Total Primary Services
Secondary Services
Hickory Park
Youth Activities Center Rent
Community Mediation
Bilingual Library Assistant
Bilingual Student Aides
Technology Training Librarian
Museum Administrative Clerk
Humane Society Contract
Arts Alive
Total Secondary Services
Support Services
Systems Analysts
GIS Strategic Plan
April City Election
2000 2000 2001
Oneoing One-time Onizoin
250,000 24,000
75,000
63,275 26,590
10,000
15,000 100,000
20,000
95,000
November 16, 1999
2001
One-time
31,000
27,000
40,000
$1,935,773 $2,796,495 $1,249,963 $1,611,064
250,000 250,000
48,000 51,000
64,163
60,276
22,000
18,500
70,174 22,000
19,217
24,172
8,000
70.000
$186,328 $390,000 $ 78,174 $323,000
34
244,140 244,140
239,140 178,412
160,000
November 16, 1999
2000 2000 2001 2001
Ongoing One-time Ongoing One-time
Employee Parking 56,000 56,000
Video Program 18,000 18,000
Total Support Services
Total for Additions/
Enhancements
*Resources Available
Net Available
$0 $557,280 $300,140 $356,412
$2,122,101 $3,743,775 $1,628,277 $2,290,476
2,292,957 6,676,679 1,769,080 2,932,904
$ 170,856 $2, 932, 904 $ 140,803 $ 642,428
* This includes estimated available resources included in the City Manager's recommended budget as well
as updated sales tax revenues through August 1999.
2001 Budget Exception Process
As was the case for the 1999 exception process, the review of the 2001 adopted budget will follow
an abbreviated process and schedule. Since the City will adopt a two-year budget plan, the only
exceptions to the adopted 2001 plan that will be considered are:
Needs and adjustments related to current services that, without adjustment, will
significantly impair the provision of that service
Those specifically directed by Council or City Manager
New programs or enhanced services requested by the community
The City Manager will present for Council consideration, any recommended exceptions to the
adopted 2001 budget. As directed by Council, staff will begin to review projected revenues and
information to begin the exceptions process after the annual audit is completed. Study Sessions will
be scheduled for discussion ofany changes to the 2001 budget. An appropriation ordinance for the
2001 fiscal year will be prepared based on the direction received from the study sessions. Adoption
of the annual appropriation ordinance for 2001 is scheduled for November 2000.
35
November 16, 1999
Council directed that a number of items be put on a 'priority " list to be considered during the 2001
budget exception process. These items including estimated costs and time frame for final decision
in fiscal year 2000 are:
X. Lorimer County Recycling Center Expansion ($100, 000 one-time) - 2nd quarter
M. Air Quality Monitoring Equipment ($75, 000 one-time) - 3rd quarter
XIL Community Separator Grant Match ($40, 000 one-time; $40, 000 is budgeted in 2000)
XIII. Water Quality Monitoring ($125,000 to $150,000 ongoing) - dependent on EPA runoff
regulation
XIV. Traffic Signal Timing System ($3.0 to $4.0 million one-time) - 3rd quarter
XV. General Employees Retirement Plan/Cost of Living Adjustment ($843,900 one-time) - 1st
quarter
XVI. Human Services Grant Program/Contract - ongoing analysis
XVII. Pollution Prevention ($92,OOOongoing; $27,000one-time; staffto develop aplan during the
next 6 months) - 2nd quarter
XVIII. Formula for dealing with "overage" of revenues for street maintenance expenses - 3rd
quarter
XIX. Continued analysis of the operation and maintenance costs for the Horticulture Center - it
is unlikely that the Center will open until sometime in 2001. Consequently the $110,000
budgeted in 2000 may be used for a one-time need as determined by the Council and City
Manager.
Staff will continue to monitor revenue collection throughout 1999 as well as analyzing revenue
projections for the years 2000 and 2001. Any revision of revenue projections (whether up or down)
will be included as part of the 2001 exception process. Exceptions amending the adopted 2001
budget are subject to available resources. "
Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adopt
Ordinance No. 179, 1999 on First Reading.
36
November 16, 1999
Councilmember Mason commented that Mr. Ohlson withdrew the item from the Consent Calendar
because it is a significant item and that such items should appear on the discussion agenda in the
future.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
ITEMS RELATING TO THE 2000 BUDGET
BUDGET CONSENT ITEMS
33. Items Relating to Utility Rates for 2000.
A. Second Reading of Ordinance No. 166, 1999, Amending Chapter 26, Article III,
Division 4 of the City Code Relating to User Fees and Charges for Water.
B. Second Reading of Ordinance No. 167, 1999, Amending Chapter 26, Article IV,
Division 4 of the City Code Relating to Wastewater Fees and Charges.
C. Second Reading of Ordinance No. 168, 1999, Amending Chapter 26, Article VI,
Division 4 of the City Code Relating to Electric Rates and Charges.
D. Second Reading of Ordinance No. 169, 1999, Amending Chapter 26, Article VII,
Division 2 of the City Code Relating to Stormwater Fees.
E. Second Reading of Ordinance No.170,1999 Amending Chapter 26 of the City Code
Relating to Fees for Raw -water Requirements for the Water Utility.
These five ordinances, which were unanimously adopted on First Reading on November 2,
1999, increase the City's utility rates for water by an average of 6%, wastewater by 2% and
stormwater by 10%. The rate increase for water vanes by customer class based on the
Utilities' cost of service study. There is no monthly rate increase for electric customers;
however, the charge for initiating a new service will increase. The Water and Electric Boards
have reviewed the rate changes in conjunction with their discussions on the recommended
2000-2001 budget.
37
November 16, 1999
34. Second Reading of Ordinance No. 171, 1999, Amending the City Code to Adjust the Capital
Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation,
Based on the Denver -Boulder Consumer Price Index.
In May of 1996, Council adopted Ordinance No. 51, 1996, which established capital
improvement expansion fees for Library, Community Parkland, Police, Fire, and General
Government services. The purpose of the fees is to have new development pay a
proportionate share of the capital improvements and equipment that will be necessary to
provide services to the development. The Code provisions approved by the Ordinance
provide for the annual adjustment of the fees to keep up with inflation, using the Denver -
Boulder (now Denver -Boulder -Greeley) Consumer Price Index.
Based on the Denver -Boulder -Greeley Consumer Price Index for all urban consumers, the
inflation level since the last annual adjustment is an increase of 2.87%. Ordinance No. 171,
1999, which was unanimously adopted on First Reading on November 2, 1999, adjusts the
fee schedules in Chapter 7.5 and Chapter 23 of the Code to this level of inflation.
35. Items Relating to the 2000 Downtown Development Authority Budget.
A. Second Reading of Ordinance No. 172, 1999, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal Year
Beginning January 1, 2000, and Fixing the Mill Levy for the Downtown
Development Authority for Fiscal Year 2000.
The Downtown Development Authority (the "DDA") adopted the proposed DDA budget for
2000, totaling $281,163, and determined the mill levy necessary to provide for payment of
all properly authorized expenditures incurred by the District, at its regular meeting of
October 20, 1999. Ordinance No. 172, 1999, was unanimously adopted on First Reading on
November 2, 1999.
B. Second Reading of Ordinance No.173, 1999, Appropriating Revenue in the
Downtown Development Authority Debt Service Fund for Payment of Debt Service
for the Year 2000.
Ordinance No. 173, 1999, which was unanimously adopted on First Reading on November
2, 1999, appropriates funds for the payment of debt service related to DDA projects for 2000,
as approved by the DDA Board on October 7, 1999.
m
November 16, 1999
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
33. Items Relating to Utility Rates for 2000.
A. Second Reading of Ordinance No. 166, 1999, Amending Chapter 26, Article III,
Division 4 of the City Code Relating to User Fees and Charges for Water.
B. Second Reading of Ordinance No. 167, 1999, Amending Chapter 26, Article rV,
Division 4 of the City Code Relating to Wastewater Fees and Charges.
C. Second Reading of Ordinance No. 168, 1999, Amending Chapter 26, Article VI,
Division 4 of the City Code Relating to Electric Rates and Charges.
D. Second Reading of Ordinance No. 169, 1999, Amending Chapter 26, Article VII,
Division 2 of the City Code Relating to Stormwater Fees.
E. Second Reading of Ordinance No. 170,1999 Amending Chapter 26 of the City Code
Relating to Fees for Raw -water Requirements for the Water Utility.
34. Second Reading of Ordinance No. 171,1999, Amendin the e City Code to Adiust the Capital
Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation,
Based on the Denver -Boulder Consumer Price Index.
35. Items Relating to the 2000 Downtown Development Authorityget.
A. Second Reading of Ordinance No. 172, 1999, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal Year
Beginning January 1, 2000, and Fixing the Mill Levy for the Downtown
Development Authority for Fiscal Year 2000.
B. Second Reading of Ordinance No.173, 1999, Appropriating Revenue in the
Downtown Development Authority Debt Service Fund for Payment of Debt Service
for the Year 2000.
36. Second Reading of Ordinance No. 174, 1999, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2000 and Adopting the Budget for
the Fiscal Years Beginning January 1 2000 and Ending December 31 2001, and Fixing the
Mill Levy for Fiscal Year 2000.
W
November 16, 1999
Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt and
approve all items on the Budget Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
Ordinance No. 174,1999
Being the Annual Appropriation Ordinance Relating to
the Annual Appropriations for the Fiscal Year 2000
and Adopting the Budget for the Fiscal Years Beginning
January 1, 2000, and Ending December 31, 2001,
and Fixing the Mill Levy for Fiscal Year 2000, Adopted on Second Reading
The following is staff s memorandum on this item.
"Financial Impact
Ordinance No. 174, 1999, which was unanimously adopted on First Reading on November 2, 1999,
as amended, represents the annual appropriation for fiscal year 2000, and adopts the total City
Budget for fiscal year 2000 at $376,197,481 and for fiscal year 2001 at $391,980,153. This
Ordinance also appropriates the Firefighters' Pension Fund of $2,521,232 for 2000 and sets the
City mill levy at 9.797 mills for fiscal year 2000, unchanged since 1991.
Executive Summary
After Ordinance No. 174, 1999, was unanimously adopted on First Reading on November 2, 1999,
Council directed that the Ordinance be amended on Second Reading to substitute an ongoing
Development Review Engineer position for the one-time funded contractual Development Review
Engineer proposed for fiscal year 2000. The amendment is included in this Ordinance to adopt the
2000-2001 Budget and to appropriate funds for fiscal year 2000 on Second Reading.
The Net City Budget, which excludes internal transfers between funds and Firefighters' Pension, is
$255,438, 538 for 2000 and $268,408, 771 for 2001. The Net City Budget is allocated to:
2000 2001
Operations $204,882,906 $207,880,147
Debt Service $ 7,171,984 $ 7,207,273
Capital $ 43,383,648 $ 53,321,351
This Ordinance also sets the 2000 City mill levy at 9.797 mills, unchanged since 1991.
EM
November 16, 1999
DISCUSSION:
The First Reading ofthis Ordinance to adopt the 2000-2001 Budget and appropriate monies to fund
the fiscal year 2000 budget was presented to Council on November 2, 1999. At that time, Council
directed that an ongoing Development Review Engineer be included in the 2000 budget in place of
the proposed one-time funding for a contractual Development Review Engineer. This change is
included in the 2000-2001 Budget and fiscal year 2000Appropriation Ordinance now presented for
Second Reading and adoption.
Council also requested additional information regarding the cost of constructing the Horticulture
Center along with the related operation and maintenance costs, and additional information on what
benefit would be gained by adding an additional $40, 000 to the budget for the Community Separator
Plan. The information requested follows.
HORTICULTURE CENTER
At the beginning of the Building Community Choices process in 1996, the literature and other
documents that described the Community Horticulture Center presented the facility as a site of ten
to fifteen acres with a greenhouse%onservatory ofat least 6,500 square feet. Since that time, there
have not been any reports or documents by City staff or the citizen advocacy group that suggest that
the facility would be less than these minimum sizes.
The project description that was circulated in the Notice of Election is as follows: "The Community
Horticulture Center will include such amenities as a greenhouse%onservatory, an outdoor
amphitheater, and demonstration and community gardens. The center will provide year-round
opportunities to learn about gardening. It will also serve as a resource for plant materials by, for
example, providing flowers for parks and streetscapes, native plants for natural areas restoration
and food for the Food Distribution Center. " Size of the facility and accompanying acreage was not
specified in the ballot information.
In preparation to begin the design phase of the project, staff has researched and gathered
information from many existing botanical gardens. A consensus recommendation, from these other
gardens, was to be sure to provide enough space to implement the revenue generating opportunities.
These opportunities could include a public meeting room, a food vendor area, or a small gift shop,
such as at the City's Golf Course pro shops, history museum, The Farm, and EPIC. An additional
finding from our visits and contacts with other gardens was that the size of the public greenhouse
space is a critical factor to the positive experience of the user. Having adequate area to provide for
a diverse botanical display and working greenhouse environment, so that a group of students or
users can learn and participate in horticulture, was found to be an essential part ofall the successful
greenhouse%onservatories.
41
November 16, 1999
Adequate greenhouse and revenue generating areas of the facility would suggest approximately
8, 000 square feet. As part of the design process, a consultant will perform a marketing survey and
financial plan to guide us in making the most cost-effective decisions.
The size of the building will not impact the total construction budget. If any additional money is
spent on the building, it will lessen the amount of funds available for gardens. The citizen's non-
profit group has already committed to raising private funds for remaining gardens to be installed
in the future. From the experience of other botanic gardens, it is less difficult to seek grants and
donations for a garden, and volunteers to plant it, as opposed to raising private funds to construct
a building addition.
The site currently being pursued for the community horticulture center, along Spring Creek and
owned by CSURF, is approximately at 17.6 acres. Included in the 17.6 acres is a 5.5 acre, 200 foot
wide strip of land on the north border, with Spring Creek in the middle of it. Because of the City's
buffer zone standards for natural habitats, planting within this area is limited to appropriate native
plants. There is currently minimal natural resource value to the corridor, as it has been cultivated
right up to the stream banks and its few plants are mostly non-native. Our plan would be to restore
this riparian zone so that it functions as a healthy wildlife habitat andserves as a visual noise buffer.
Although the project will obviously benefit from this 5.5 acres, it is not land that will be used for
developed gardens. The cost of this buffer acreage is $4, 500 per acre.
The remaining 12. l acres includes a neighborhood park that is much needed in that portion of the
city. This will consist of approximately 1.5 acres of land that will be used for an open recreational
turfgrass field and a children's playground. While there will be mutual benefits to this arrangement,
it is none the less a restriction in an area for developed gardens. Therefore, of the gross area of
17.6 acres, 10.6 acres is completely available for building and garden development.
It should be noted that the total capital budget for this project was capped at $2,250, 542. This cap
was put in place to provide more BCC money for natural area. Staff is working within this cap to
provide the best Horticulture Center we can, given this restriction. The building and grounds as
currently proposed creates a desirable amenityfor the voters who approved theproject, strategically
plans for future expansion if desired by the community and can be accomplished within this cap.
Preliminary Operating Budget
As previously stated, the total proposed horticulture center operation and maintenance budget for
afullyearofoperationis$265,000. This includes$204,475forpersonnel(threefull-timepositions
andthreepart-timepositions),$30,950for contractual services (utilities, leasepurchaseofvehicle,
equipment maintenance, janitorial service, building maintenance, snow removal, promotion,
advertising, etc) and $29,500forcommodities (annualflowers, replacemem plantings, horticultural
supplies, tools, equipment, office supplies, etc).
42
November 16, 1999
This preliminary budget was determined after gathering data from comparably sized, municipally
owned botanic gardens around the country, and making adjustments for our situation. Theprimary
information gathered from these four or five gardens was acreage of developed gardens, indoor
growing area, number of full-time equivalent (FTE) staff, number of FTE volunteers, and total
budget. Of all the gardens surveyed, Cheyenne Botanic Gardens was the lowest cost in terms of
comparing total budget to size of area maintained, while others were more equivalent to the
requested budget. Staff believes that this is due to the relatively low pay scales in Cheyenne. The
City of Cheyenne pays their Botanic Garden staff at the 25th percentile of the labor market of
American Association ofBotanic Gardens and Arboreta members. The Cheyenne Botanic Gardens
has three to four acres of gardens and 3, 000 square feet of indoor growing space. These areas are
operated and maintained with 4.75 FTEpaid positions, 2.5 FTE volunteers, and a $175, 000 budget.
The initial plan is to develop about five to six acres ofgardens and to construct 3,500 square feet
of indoor growing space. Staffis proposing to operate and maintain these areas with approximately
4.5 FTE paid positions, 3 FTE volunteer/interns, and a budget of $265, 000.
Staff believes the proposed $265, 000 is a reasonable and cost effective budget for operating and
maintaining the horticulture center. As stated all along, we will be strongly emphasizing the use of
volunteers and interns, and seeking to maximize our earned revenue, grants, and donations.
COMMUNITY SEPARATOR PLAN
Implementation ofthe Fort Collins -Loveland separator is well underway; staffhas a workplan and
the work is being managed with existing resources. Implementation of the Fort Collins-Timnath-
Windsor and the Fort Collins -Wellington separator areas are at the beginning stages and much
work needs to be done; the schedule depends largely on the other cities and Lorimer County.
Funding ($40,000) has been recommended in Year 2000 to begin work on the Fort Collins-
Timnath-Windsor separator area. These funds will provide for a consultant or contractual
employee to lay the groundwork for implementing the separator. This will include base mapping,
land use and ownershippatterns, boundary refinement, opportunities, andconstraints. Theproducts
of this project may position the region for additional GOCO open space grant funding. If grant
funding seems feasible, staff will prepare a grant application.
The next separator that needs attention is the Fort Collins -Wellington Separator area. A starting
place is to bring together the staff and elected officials from these jurisdictions, including Lorimer
County. If there is agreement to proceed, research needs to be done to identify the boundaries of
the separator area, future uses, implementation actions, and meet with property owners. This effort
will need to be coordinated with future discussions with the County in regards to the establishment
of a cooperative planning area (CPA) in the northeast. A consultant or contractual employee will
be retained to assist existing City staff which would require an additional $40, 000 one-time monies
in 2001."
43
November 16, 1999
(**Secretary's Note: The following three citizens were allowed to provide input regarding this
agenda item earlier in the meeting.)
Laura Burnett, 1807 Effingham, requested the reinstatement of dollars for Dial -a -Ride.
Catherine Johnson, 4500 Maxwell Drive, spoke in favor ofreinstatement of funding for Dial -a -Ride.
David McDanal, Disabled Resource Services, spoke in support of reinstatement of funding for Dial -
a -Ride.
City Manager Fischbach explained the changes made to the proposed Ordinance since First Reading
as outlined in a memorandum submitted to the Council. He suggested considering Dial -a -Ride
funding in the budget exceptions process.
Councilmember Kastein requested information from the Finance Committee regarding the retirement
plan cost -of -living adjustment.
Councilmember Wanner spoke regarding the rationale for the one-time cost -of -living adjustment.
Councilmember Mason asked about items to be included in the exceptions process and requested
early consideration of traffic signalization and street maintenance.
Councilmember Wanner commented that sales tax projections must be in place before items can be
considered in the exceptions process.
Councilmember Weitkunat asked if Dial -a -Ride will be added to the exceptions list. City Manager
Fischbach stated that Dial -a -Ride will be added to the list.
Councilmember Byrne asked about capital reserves for big ticket items.
Councilmember Mason spoke regarding the use of General Fund monies for operations and special
sales taxes for capital items.
Kelly Ohlson, 2040 Bennington Circle, spoke regarding funding for programs to address
environmental issues.
44
November 16, 1999
Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 174, 1999 on Second Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None,
THE MOTION CARRIED
Other Business
Mayor Martinez spoke regarding outcomes of the Council retreat.
Councilmember Kastein asked about interest in having staff look at the public nuisance ordinance
from the tenant perspective.
Councilmember Wanner commented regarding the nature of feedback received from the community
regarding recent issues.
Councilmember Weitkunat spoke regarding looking at the human side of issues and not just the
dollar side.
Adjournment
The meeting adjourned at 12:45 a.m.
4' ` f
ATTEST:
45
Mayor