HomeMy WebLinkAboutMINUTES-05/01/2007-RegularMay 1, 2007
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, May 1, 2007, at
6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Lori Brunswig, 1901 Ridgewood Road, spoke against political action committees and the conduct
of candidates during the election.
George Wallace, 1824 WCR 66, Waverly, stated the City's water rental policy was inequitable and
detrimental to the farming community in Northern Colorado. He has been a farmer in this area for
over 25 years and now, due to his inability to rent surplus North Poudre water, will need to eliminate
his last irrigation and lose roughly one-third of his farming income. He was on the Latimer County
Ag Advisory Board, which had developed a draft of a long-term interruptible supply strategy or
drought year contingency plan. This proposal was not acted upon by the Water Board. He urged
Council to request the Water Board to consider the draft proposal and to develop a more equitable
system of water rental distribution.
Mary Smith, 1618 Sagewood Drive, spoke regarding changes needed to trash hauling within the city.
She was concerned about the number of trash trucks and recycling trucks going through her
neighborhood each week, as well as throughout the city. Having different trash companies picking
up trash on different days in one neighborhood was wasteful, produced excess pollutants and caused
greater wear on city streets as well as being inefficient. She suggested a districting approach to trash
hauling as being a cost-efficient and an energy -saving method to solve this problem.
Ray Smith, 1618 Sagewood Drive, stated that while recycling is proactive and a positive action, the
recycling effort in neighborhoods was not positive as recycling trucks traveled through his
neighborhood most days of the week, instead of efficiently using one truck, one day a week. This
was wasteful and negated any good results from recycling. He urged Council to look at this issue.
Citizen Participation Follow-up
Councilmember Roy asked if the Pavement Management Study to be undertaken could also look
at the impact of trash trucks in terms of pavement management and costs to the community. City
Manager Atteberry responded the Study was already underway and was looking at the pavement
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management policy and the point system in place, but he would have staff talk with the consultants
about expanding the scope of the Study. It would cost more to expand the Study but he would report
back to Council if it was feasible to pursue the expansion of the Study and what the cost would be.
Councilmember Roy asked about the water rental issues raised by Mr. Wallace and how many people
in the past two years had been able to get water, compared to this year's rentals. City Manager
Atteberry stated a memo was sent to Council describing the difficulties in handling water rental.
Staff and the Water Board are attempting to develop the most equitable system and past years had
not been equitable, either. He asked for Council direction as to how to proceed.
Councilmember Ohlson asked for staff to look into ways to improve the rental distribution as the
system could definitely be better. He suggested including citizens who are impacted by this process
in the designing of a better system. He asked if anything could be done about this year's allocation.
Councilmember Troxell stated election reform was an issue he favored, including looking at the
527's and keeping control of elections in the various campaigns.
Mayor Hutchinson stated political action committees and 527's are legal and protected by the First
Amendment. It is illegal for candidates to coordinate, collude or communicate with PAC's or 527's
and all candidates in the past election abided by that law.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
Councilmember Troxell withdrew Item #13 First Reading of Ordinance No. 061, 2007,
Appropriating Unanticipated Revenue in the Transit Services Fund for Use with Existing
Appropriations for the Purpose of Providing Programming Aimed at Relieving Urban Congestion,
Item #14 First Reading of Ordinance No. 062, 2007, Amending Chapter 26 Article IV of the City
Code to Revise Wastewater Pretreatment Program Requirements, and Item #16 First Reading of
Ordinance No. 064, 2007, Authorizing the Purchasing Agent to Enter into an Agreement to Finance
Vehicles and Equipment Through Lease -Purchase.
CONSENT CALENDAR
6. Second Reading of Ordinance No. 052, 2007 Appropriating Prior Year Reserves in the
General Fund for Police Seizure Activity.
This Ordinance, unanimously adopted on First Reading on April 17, 2007, appropriates
$28,040 into the Fort Collins Police Services budget. This amount represents money
awarded by the courts pursuant to civil asset seizure and forfeiture actions in 2006 and
previous years as well as pro-rata distributions from the Larimer County Drug Task and
federal government seizure actions. These funds are held in a General Fund restricted
reserve account awaiting appropriation.
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The funds will be used by Fort Collins Police Services to purchase new equipment and
training as well as fund partnerships with community groups that seek to promote positive
youth activities, anti -violence, anti -drug, and diversity activities.
7. Second Reading of Ordinance No 053 2007 Authorizingthe he Appropriation of 2007 Fiscal
Year Operating and Capital Improvement Funds of the Fort Collins Loveland Municipal
Airport and Authorizing the Reappropriation of Unspent and Unencumbered Funds from
2006.
This Ordinance, unanimously adopted on First Reading on April 17, 2007, appropriates the
City's 50% share ($840,335) of the annual appropriation for the fiscal year 2007 Fort
Collins -Loveland Municipal Airport (the "Airport") budget. The City of Loveland manages
the Airport's budget and finances, but since the City of Fort Collins owns 50% of the
Airport, it is necessary for the City to appropriate its 50% portion of the Airport budget. In
addition, this Ordinance authorizes the reappropriation of the City's 50% share of unspent
and unencumbered funds at the end of 2006, totaling $1,089,000, to be used for various
Airport improvements.
8. Items Relating to Civil Infraction Penalties Appeals and Abatement Assessments
A. Second Reading of Ordinance No. 054, 2007, Amending the City Code by Adding
a New Section to Chapter 24, Article II, Division 1 Establishing Penalty for Snow
Removal Violations.
B. Second Reading of Ordinance No. 055, 2007, Amending the City Code Pertaining
to the Appeal of Municipal Referee Orders Regarding Abatement Assessments.
Ordinance No. 054, 2007, unanimously adopted on First Reading on April 17, 2007,
decriminalizes penalties related to snow removal violations and makes an initial violation
a civil infraction rather than a criminal misdemeanor.
Ordinance No. 055, 2007, unanimously adopted on First Reading on April 17, 2007, clarifies
the process for appealing referee judgments on civil infraction cases and also provides
parameters for the referee to use in deciding the propriety of abatement cost assessments by
the City in particular cases.
9. Second Reading of Ordinance No 056 2007 Amending Certain Sections of the City Code
Relating to CoMorate Liability and Individual Liability for Coroorate Conduct
Under the current provisions of the City Code, a business entity's accountability for behavior
which is in violation of the Code is dependent upon whether the entity is a "corporation".
The term "corporation" is not defined in the City Code. This Ordinance, unanimously
adopted on First Reading on April 17, 2007, amends the City Code to clarify that what is
presently referred to as "corporate" liability should actually apply to liability on the part of
any kind of business entity.
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10. Second Reading of Ordinance No 057 2007 Authorizing the Conveyance of Two Small
Tracts of Land Located in the Bobcat Ridge Natural Area to Philip and Connie Sprague
During the acquisition of the Bobcat Ridge Natural Area, which involved a series ofpurchase
and sale transactions, it was discovered that the fence line of the neighboring parcel, owned
by Philip and Connie Sprague, encroached on the Natural Area property according to the
legal description. This Ordinance, unanimously adopted on First Reading on April 17, 2007,
conveys the two small areas of encroachment to the Spragues. The two tracts are 1.84 acres
and .50 acres in size.
11. Second Reading of Ordinance No. 058, 2007 Amending the Zoning Man of the City by
Changing the Zoning Classification for That Certain Property Known as the Rigden Farm
Tract A Rezoning.
Ordinance No. 058, 2007, unanimously adopted on First Reading on April 17, 2007, rezones
4.5 acres located at the southeast corner of South Timberline Road and Custer Drive, in the
Rigden Farm development from MMN - Medium Density Mixed -Use Neighborhood District
to NC - Neighborhood Commercial District.
12. Items Relating to the Kinard Junior High School Annexation and Zoning_
A. Second Reading of Ordinance No. 059, 2007, Annexing Property Known as the
Kinard Junior High School Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 060, 2007, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Kinard Junior High School Annexation to the City of Fort Collins, Colorado.
These Ordinances, unanimously adopted on First Reading on April 17, 2007, annex and zone
a property approximately 27.18 acres in size. The site is 3002 East Trilby Road, located
approximately one-half mile south of Kechter Road on the west side of Ziegler Road.
13. First Reading of Ordinance No 061 2007 Appropriating Unanticipated Revenue in the
Transit Services Fund for Use with Existing Appropriations for the Purpose of Providing
Programming Aimed at Relieving Urban Congestion.
The City of Fort Collins has received Congestion, Mitigation & Air Quality (CMAQ)
funding to fund three air quality related projects in 2007. This funding is a reallocation of
a portion of the 2007 Transportation Demand Management (TDM) Program — funds not
currently required due to the reduction in scope of the TDM Program. The revised CMAQ
funding will aid in funding three projects which are:
The Bicycle Coordinator Program (FC Bikes) - an existing Program that seeks to
encourage citizens to utilize bicycling as their preferred method of sensible
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transportation through the implementation of special events and campaigns that
emulate the many facets of bicycling,
Transfort Test Ride Marketing Program - a new marketing campaign to promote
transit use among the City's largest employers, and
Marketing for Transfort's three new routes - a campaign aimed at increasing public
awareness of the new transit fixed routes available in 2007.
14. First Reading of Ordinance No. 062, 2007, Amending Chanter 26 Article IV of the City Code
to Revise Wastewater Pretreatment Program Requirements
The proposed modifications pertain to the following wastewater industrial discharge
provisions of the City Code:
Section 26-206 Definitions
Grab Sample — As directed by the EPA, the definition will be updated to be
consistent with the EPA definition. This modification will be more restrictive as a
time limitation will be specified where one did not previously exist.
Zero -Discharge - A definition of zero -discharge permit will be added to Code.
RV Wastewater - A definition of RV wastewater will be added to Code.
Section 26-318 Sampling and analysis
As recommended by the EPA, the required period of records retention for industrial
pretreatment will be changed from three to five years.
Section 26-343 Discharge limitations
Language will be added to provide the General Manager with authority to request
records from dental practices and obsolete language concerning date of mercury
program initiation will also be deleted. This modification does not increase
requirements on dental offices but does clarify the General Manager's authority.
Sections 26-308 and 26-309
The Code will be modified to state that, when applicable, a zero -discharge permit
may be issued as the result of an industrial discharge permit application. The
modification does not increase or relax existing permit application requirements.
The United States Environmental Protection Agency (EPA) has given approval for the
modifications and completed a thirty day public notification process for them.
15. First Reading of Ordinance No. 063, 2007 Amending Certain Sections in Chanter 7 of the
City Code Relating to the Board of Elections
This Ordinance amends the City Code to conform the Code to the City Charter, as amended
by the voters on April 3, 2007, and to accurately reflect the duties of the Board of Elections.
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16. First Reading of Ordinance No 064 2007 Authorizing the Purchasin¢ Agent to Enter into
an Agreement to Finance Vehicles and Equipment Tbrough Lease -Purchase
The cost of the items to be lease -purchased is $1,070,000. Payments at the 4.26% interest
rate will not exceed $119,367 in 2007. Money for 2007 lease -purchase payments is included
in the 2007 budget. The effect of the debt position for the purpose of financial rating of the
City will be to raise the total City debt by 0.22 %. A competitive process was used to select
Koch Financial Corporation for this lease.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
6. Second Reading of Ordinance No. 052, 2007, Appropriating Prior Year Reserves in the
General Fund for Police Seizure Activity.
Second Reading of Ordinance No. 053, 2007, Authorizing the Appropriation of 2007 Fiscal
Year Operating and Capital Improvement Funds of the Fort Collins -Loveland Municipal
Airport and Authorizing the Reappropriation of Unspent and Unencumbered Funds from
2006.
8. Items Relating to Civil Infraction Penalties, Appeals and Abatement Assessments.
A. Second Reading of Ordinance No. 054, 2007, Amending the City Code by Adding
a New Section to Chapter 24, Article II, Division 1 Establishing Penalty for Snow
Removal Violations.
B. Second Reading of Ordinance No. 055, 2007, Amending the City Code Pertaining
to the Appeal of Municipal Referee Orders Regarding Abatement Assessments.
9. Second Reading of Ordinance No. 056, 2007, Amending Certain Sections of the City Code
Relating to Corporate Liability and Individual Liability for Corporate Conduct.
10. Second Reading of Ordinance No. 057, 2007, Authorizing the Conveyance of Two Small
Tracts of Land Located in the Bobcat Ridge Natural Area to Philip and Connie Sprague.
11. Second Reading of Ordinance No. 058, 2007, Amending the Zoning Map of the City by
Changing the Zoning Classification for That Certain Property Known as the Rigden Farm
Tract A Rezoning.
12. Items Relating to the Kinard Junior High School Annexation and Zoning.
A. Second Reading of Ordinance No. 059, 2007, Annexing Property Known as the
Kinard Junior High School Annexation to the City of Fort Collins, Colorado.
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B. Second Reading of Ordinance No. 060, 2007, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Kinard Junior High School Annexation to the City of Fort Collins, Colorado.
Ordinances on First Reading were read by title by City Clerk Krajicek.
13. First Reading of Ordinance No. 061, 2007, Appropriating Unanticipated Revenue in the
Transit Services Fund for Use with Existing Appropriations for the Purpose of Providing
Programming Aimed at Relieving Urban Congestion.
14. First Reading of Ordinance No. 062, 2007, Amending Chapter 26 Article IV of the City Code
to Revise Wastewater Pretreatment Program Requirements.
15. First Reading of Ordinance No. 063, 2007, Amending Certain Sections in Chapter 7 of the
City Code Relating to the Board of Elections.
16. First Reading of Ordinance No. 064, 2007, Authorizing the Purchasing Agent to Enter into
an Agreement to Finance Vehicles and Equipment Through Lease -Purchase.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt and approve
all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson,
Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Consent Calendar Follow-up
There was no Consent Calendar follow-up discussion.
Staff Reports
City Manager Atteberry introduced Marlys Sittner, General Manager of Transfort and Dial -A -Ride,
and Mark Jackson, Director of Transportation, to discuss Transfort issues and an update on Dial -A -
Ride. Mr. Jackson stated difficult decisions had been made in the past year, including recertification
ofDial-A-Ride clients. While recognizing the impact these changes have had on peoples' lives, staff
is trying very hard to handle this process in a timely, professional and compassionate manner. Ms.
Sittner explained the recertification process was based on the Americans With Disabilities Act that
provides a specific framework for paratransit service and determining who is eligible for that service.
The first test determines if a person's disability prevents them from using the fixed -route bus
system. In order to make that determination, the application form asks many detailed questions,
which has met with much criticism. The second test determines if the individual can board and
utilize and disembark a vehicle at a bus stop. Transfort has a fully accessible fleet; all 27 fixed -route
buses are wheelchair accessible. The bus stops are also accessible with curb -cuts. There have been
a number of concerns regarding the form and the length of the form. The ADA provides guidelines
but the process of determining eligibility is left up to each entity providing paratransit service. Many
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entities start the process with a questionnaire. Denver RTD has a shorter form since they also require
an in -person functional mobility test in the office. This is very expensive, time-consuming, and seen
by some as very invasive. Dial -A -Ride has adopted the model of asking many questions of the
applicant as well as sending a form to the health care provider with similar questions, then
comparing the data from the two forms. This is a common method used by entities to determine
paratransit eligibility. Staff developed the form after reviewing over 20 different application forms
used by transit agencies across the country. Staff has also received paratransit eligibility training
from the National Transit Institute, the leading organization for technical support. Staff has referred
to other ADA experts repeatedly as the form and the processes were being developed for eligibility
and while eligibility assessments are taking place.
To date, the application form has been successfully completed by 851 applicants. To further assist
applicants, staff has called and followed up with people to find out if they were having difficulty
with the form and, if they needed assistance, staff met personally with the clients to assist them in
filling out the form. Staff also provided telephone assistance to fill out the forms. Currently, 80%
of the returned applications have been reviewed and a decision has been made as to eligibility. 85%
of the people who have gone through this process are eligible for paratransit service. Only 34 people
out of the 680 applicants already reviewed were deemed ineligible. Ms. Sittner has personally
reviewed each rejected applicant and found 47% of those deemed ineligible can use the fixed -route
system without any issues, 40% indicated on their applications they were not disabled, and 13% of
the applicants had their health care professional indicate that, while they had a disability, it did not
keep them from using the fixed -route bus system.
There had also been many questions regarding the appeals process. Dial -A -Ride has had an appeals
process in place for a long time and continues to use that process. If someone applies for an appeal,
a panel of advocates and passengers, not staff, serves as the appeal committee. An ADA specialist
with Easter Seals has been hired to attend the appeals process and to be a resource to the appeals
committee. An appeal can be filed by anyone found ineligible or conditionally eligible, which means
they have a disability that allows them to use the fixed -route system but there are times when they
cannot. There have been 34 people deemed ineligible and 68 people deemed conditionally ineligible
who have the ability to file an appeal. Only 5 requests have been received for an appeal.
Councilmember Brown asked if the appeals were being handled as they were filed or was there a
certain date all appeals would be heard. Sittner stated the plan was to have all 5 appeals heard on
the same day, but the date has not yet been set.
Councilmember Brown asked about the monthly task force meeting and progress made with that
group. Sittner stated the task force is made up of staff from the City and County, United Way and
other private and nonprofit groups. The task force is looking for solutions to fill the gaps created by
the change in service. The main focus is how to provide service to those who may not be eligible
for Dial -A -Ride service. Jackson stated Council had given direction to staff to convene this task
force to approach the problem from a regional standpoint and progress is being made, some key
short-term steps have been identified and ways that the faith -based community, United Way and
other organizations can fill some of the gaps until broader, long-term solutions are found.
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Mayor Hutchinson asked how Fort Collins' level of service for Dial -A -Ride compares to other
communities. Sittner stated last year, when the process to change Dial -A -Ride began, a peer
comparison was done with other cities in Colorado and, at that time, Fort Collins was providing a
much higher level of service than sister cities. Denver, Boulder, Colorado Springs, and Pueblo were
doing only the ADA mandated levels, which is the level at which the City is now operating. Staff
also looked at 65 other systems across the nation and those who were doing more than ADA
mandates were not doing as much as Fort Collins. Many of those cities were doing just the ADA
mandated levels.
Mayor Hutchinson asked if the grandfathering of those outside the city limits was going beyond the
ADA minimums. Sittner replied in the affirmative. There were 84 people who lived outside the
service area who had been using Dial -A -Ride. Those people were grandfathered into the Dial -A -
Ride system, if they met the ADA criteria. There have been 28 people who chose not to apply for
Dial -A -Ride services and 56 who have applied for the service, of which 93% are eligible. Only 2
people were not eligible and 2 others are still having their applications processed.
Mayor Hutchinson asked if an applicant who appealed a decision would continue to receive service
until the appeal was heard. Sittner stated the ADA does not require that service be continued while
the appeal was pending as long as the appeal is handled in a timely manner. Staff notifies those who
are found ineligible and informs them their service will be discontinued after two weeks, to give
them an amount of time to set up other alternative transportation. The service is not provided again
until the appeal is heard, if the appeal is heard within 30 days. ADA states if the appeal is not heard
within 30 days, then the applicant is entitled to the service.
Councilmember Roy asked how many of those going through the recertification process have a legal
guardian. Sittner did not have that information on hand.
Councilmember Roy stated there seemed to be a gap where someone who has a legal guardian who
depends on Dial -A -Ride service, but, for a number of reasons, is unable to fill out the forms and was
concerned people would become ineligible simply because they couldn't return a form in time.
Sittner stated the form had a place to indicate that someone else was filling out the application for
the applicant and some of the forms returned had been completed by a legal guardian. In addition
to sending out the recertification forms in January with a return date in February, if staff had not
heard from clients, the clients were called. If the clients could not be reached, then the emergency
contact provided to Dial -A -Ride, usually the legal guardian, was called to find out if the client had
received the form and if any assistance was needed to complete the form.
Councilmember Roy asked if all the second contacts had responded. Sittner stated that was correct.
Many forms received were completed by a legal guardian, not the applicant, but the exact number
was not readily available.
Councilmember Roy asked for staff to provide the number of applications completed by legal
guardians. Sittner stated four full-time temporary staff had been hired to track the applications and
do follow-up phone calls. One full-time staff was dedicated to this process. They did keep a log of
who was called, the date called and what the response was.
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Councilmember Ohlson asked for a summary of the statistics presented.
Mayor Hutchinson thanked staff for its extraordinary efforts during this challenging time.
Councilmember Reports
Mayor Hutchinson attended the Executive Board Meeting of the Colorado Municipal League. He
spoke with the Executive Director about Urban Renewal Authority issues. The Colorado Municipal
League has asked Aaron Goff, senior staff attorney, to form a group of interested persons this
summer to review the Urban Renewal statutes and to discuss some of the ongoing issues.
Items Relating to Making Board and Commission
Liaison Assignments and Various Committee,
Board and Authority Appointments Adopted
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 2007-041 Making Board and Commission Liaison Assignments and Various
Committee, Board, and Authority Appointments.
B. Resolution 2007-042 Making an Appointment to the Fort Collins Housing Authority Board
of Commissioners.
C. Resolution 2007-043 Approving andEndorsing theAppointment ofa Councilmember to the
Larimer County Fair Board.
D. Resolution 2007-044Appointinga Representative to the Colorado MunicipalLeague Policy
Committee.
Following the Council organizational meeting in April of odd -numbered years, Councilmembers
decide which ofthe various board and commission liaison assignments and committee appointments
are of interest to them as individuals. At the recent City Council Retreat (April 20-21)
Councilmembers discussed liaison and committee assignments. For thepurpose ofdiscussion at this
meeting, a blank grid, as well as a grid showing the preliminary assignments, are attached. Each
Resolution has been drafted to include the assignmentspreliminarily decided at the Council Retreat.
Resolution 2006-089 appointed Ben Manvel as the City representative to the Lorimer County Open
Lands Advisory Board with a term to expire on June 30, 2009. Since CouncilmemberManvel wishes
to remain as the City representative to this board and his present term has not expired, a separate
Resolution has not been prepared. "
City Clerk Krajicek stated a revised Resolution was provided, containing two changes.
Councilmember Poppaw was now listed as the Art in Public Places liaison instead of
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Councilmember Ohlson and a mark was placed in the grid to indicate Councilmember Manvel was
the City representative to the Larimer County Open Lands Advisory Board.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2007-041. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
Councilmember Ohlson made a motion, seconded by Councilmember Troxell, to adopt Resolution
2007-042. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
Councilmember Brown made a motion, seconded by Councilmember Ohl son, to adopt Resolution
2007-043. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
Councilmember Poppaw made a motion, seconded by Councilmember Troxell, to adopt Resolution
2007-044. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
Ordinance No. 061, 2007,
Appropriating Unanticipated Revenue in the Transit Services
Fund for Use with Existing Appropriations for the Purpose of
Providing Programming Aimed at Relieving Urban Congestion Adopted on First Reading_
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
The total cost of the three new projects is $337,391 ($249,883 in Federal Funds and $87,508 in
local matching funds). However, staff is only requesting the appropriation of $233,710 in this
Ordinance. A portion ($16,173) of the federal funds has already been allocated/appropriated in the
Bicycle Coordinator Program through the annual budgetingprocess. No additional local matching
funds are required as the City's share is being met from matching funds from the General Fund in
the Bicycle Coordinator Program - $42,840 and a reallocation of General Fund resources in the
Transit Services Fund - $44,668. Federal funding will come from the Federal Highway
Administration's CMAQ Program, administered through CDOT and will replace a previous 2007
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commitment to assist in funding the City's now -reduced Transportation Demand Program.
EXECUTIVE SUMMARY
The City of Fort Collins has received Congestion, Mitigation & Air Quality (CMAQ) funding to fund
three air quality related projects in 2007. This funding is a reallocation of a portion of the 2007
Transportation Demand Management (TDM) Program —funds not currently required due to the
reduction in scope of the TDM Program. The revised CMAQ funding will aid in funding three
projects which are:
The Bicycle Coordinator Program (FCBikes) - an existing Program that seeks to encourage
citizens to utilize bicycling as theirpreferred method ofsensible transportation through the
implementation of special events and campaigns that emulate the many facets of bicycling,
Transfort Test Ride Marketing Program - a new marketing campaign to promote transit use
among the City's largest employers, and
Marketing for Transfort's three new routes - a campaign aimed at increasing public
awareness of the new transit fixed routes available in 2007.
BA
The primary goal of the Congestion, Mitigation and Air Quality Program (CMAQ), operated by the
Federal Highway Administration, is to relieve urban congestion. As such, the City, with guidance
from the Colorado Department of Transportation (CDOT) decided the Transit Marketingprograms
and the Bicycle Coordinator Program would be eligible for CMAQ funding. Due to the reduction
in scope of the City's Transportation Demand Management Program, the original 2007 TDM
CMAQ funding has been reallocated at a lesser rate to the above mentioned projects. This
reallocation would not have occurred had it not been for the support and approval of the North
Front Range Transportation and Air Quality Council in passing two separate resolutions amending
the Transportation Improvement Program (TIP) — the first to deprogram the original TDMfunds
and the second to reallocate funds to the new projects.
This ordinance appropriates unanticipated revenue from CMAQ in the amount of $233, 710. The
required local match and remaining project costs are being met from existing appropriations. The
Bicycle Coordinator Program has an existing General Fund overmatch sufficient to cover its portion
of the local match requirement. The local match requirement for the two new Marketing Programs
is being met by a reallocation of General Fund from other Transit Fund 404 Program sources. "
Councilmember Troxell stated one of the top five items heard during his campaign was funding for
transportation, providing service for seniors and service for CSU students. He asked about the
priority of the three items listed for additional funding. Mark Jackson, Director of Transportation,
stated the Congestion Mitigation and Air Quality (CMAQ) grant funding has very specific
parameters for the projects eligible for these funds. They must be projects that can produce a
palpable increase in air quality. Dial -A -Ride or roadway expansion do not fit the requirements for
this funding. The 2006-2007 budget eliminated SmartTrips Demand Management Program, which
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was funded entirely by CMAQ funds. When SmartTrips was eliminated, CDOT wanted the CMAQ
funds returned. City staff petitioned CDOT for permission to use the funds for other programs which
had incorporated elements of the SmartTrips program. The three projects listed fit the requirements
for CDOT to allow the City to continue to use the CMAQ funds and CDOT has agreed to allow the
City to use the funds for these specific projects.
Councilmember Troxell made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 061, 2007. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: None.
THE MOTION CARRIED.
Ordinance No. 062, 2007,
Amending Chapter 26 Article IV of the City Code
to Revise Wastewater Pretreatment Program Requirements Adopted on First Reading.
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
The proposed modifications pertain to the following wastewater industrial discharge provisions of
the City Code:
Section 26-206 Definitions
Grab Sample —As directed by the EPA, the definition will be updated to be consistent with
the EPA definition. This modification will be more restrictive as a time limitation will be
specified where one did not previously exist.
Zero -Discharge -A definition ofzero-discharge permit will be added to Code.
RV Wastewater - A definition of RV wastewater will be added to Code.
Section 26-318 Sampling and analysis
As recommended by the EPA, the required period of records retention for industrial
pretreatment will be changed from three to five years.
Section 26-343 Discharge limitations
Language will be added to provide the General Manager with authority to request records
from dental practices and obsolete language concerning date ofinercuryprogram initiation
will also be deleted. This modification does not increase requirements on dental offices but
does clarify the General Manager's authority.
Sections 26-308 and 26-309
The Code will be modified to state that, when applicable, a zero -discharge permit may be
issued as the result ofan industrial discharge permit application. The modification does not
increase or relax existing permit application requirements.
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May 1, 2007
The United States Environmental Protection Agency (EPA) has given approvalfor the modifications
and completed a thirty day public notification process for them.
BACKGROUND
Section 26-206 Definitions:
Grab Sample — As directed by the EPA, the definition has been updated to be consistent with the
EPA definition. The EPA definition specifies a time limitation offifteen (15) minutes or less for
collection of a grab sample. This time limitation will be added in the proposed modification. The
definition currently in City Code does not specify a time limitation. Language will also be added
clarifying that a grab sample is an individual sample.
This modification will be more restrictive as a time limitation will be specified where one did not
previously exist.
Zero -Discharge -A definition ofzero-discharge permit has been added to Code and language added
to the Pretreatment definition to include zero -discharge as a potential pretreatment or treatment
requirement. The legal authority to issue a permit prohibiting any discharge from a particular
industrial process will enable the City to verify and enforce zero -discharge requirements when
applicable.
A zero -discharge permit would be appropriate in a situation where an industry elects to recycle
process wastewater or has the wastewater taken offsite for treatment instead of discharging the
wastewater to the sanitary sewer. In certain situations the City could find it necessary to require
zero -discharge of a toxic process waste. This modification will provide a mechanism to regulate
these types of industrial wastewater. It will provide a more direct means to address these types of
wastewater but will not result in existing policy becoming more or less restrictive.
RV Wastewater - The City was directed by EPA in December 2004 to regulate commercial RV
wastewater dump sites. The City began issuing discharge permits to RV dump sites in 2005.
Existing City Code does not provide a definition of RV wastewater. This modification will add a
definition ofRVwastewater. In order to avoid possible confusion, the septage waste definition will
be modified to clarify that the City does not define RV wastewater to be septage waste.
Section 26-308Industrial discharge permit application and
Section 26-309 Existing industrial discharge user discharge permit application
In order to provide legal authorityfor issuing zero -discharge permits, the Code will be modified to
state that, when applicable, a zero -discharge permit may be issued as the result of an industrial
discharge permit application submitted from either a new or existing industrial user.
A permit application is required when a new industrial discharge permit is issued or when an
existing permit is renewed. This modification adds language that includes zero -discharge permits
with the existing requirementsfor dischargepermit application. The modification does not increase
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May 1, 2007
or relax existing permit application requirements.
Section 26-318 Sampling and analysis
The required period of records retention has been changed from three to five years in order to be
in agreement with EPA biosolids records retention requirements.
Section 26-343 Discharge limitations
Modifications will be made to the code language regulating mercury discharge from dental offices.
Obsolete language concerning date ofprogram initiation has been deleted. Language will be added
to allow disposal of dental amalgam waste as hazardous waste. Existing Code limits amalgam
waste disposal to recycling of the waste. This modification relaxes requirements as it provides an
additional means to dispose of waste amalgam.
A modification will be added to provide the General Manager with authority to request records
regarding installation and operation of equipment, or the purchase, use, storage, recycling or
disposal of dental amalgam if the records are related to compliance enforcement of the dental
mercury control program. This modification does not increase requirements on dental offices but
does clarify the General Manager's authority to request records pertaining to existing
requirements. "
Councilmember Troxell asked what problem is being addressed by the discharge limitations on what
dentists can put into the system, leading to the zero discharge change. Steve Comstock, Water
ReclamationBiosolids Manager, stated the program for mercury was not related to the zero
discharge. The zero discharge is a program directed at industries in the community that have
potential to cause damage to the systems, but don't actually connect to city systems. An example
would be a dry cleaning business. The mercury program was started 1 1 /2 years ago and has not
been made into a stricter program but actually gives dentists a couple of different ways to dispose
of amalgam as opposed to the more restrictive language currently in the Code.
Councilmember Troxell stated the code change relating to the amalgam issue would require a
removal efficiency of 95%. He requested information on current removal efficiency. Comstock
stated dentists were required to use technology at their offices to produce the removal efficiency of
95%. The dentists maintain the equipment and City staff will do periodic inspections of the
equipment.
Councilmember Troxell questioned why the Code change dealing specifically with dentists was
included under wastewater instead of another area. Comstock stated the wastewater program
includes the industrial pretreatment program which is a federally mandated program. The idea is to
protect the wastewater treatment facilities and the environment and attempting to keep substances
out of the wastewater treatment facilities that cannot be handled there.
Councilmember Troxell asked how severe was the problem of mercury from amalgams from dental
offices as dental practices have changed significantly. Comstock stated improvements have occurred
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May 1, 2007
as the technology has improved and there has been a decrease in the in -front loadings. Mercury is
now detected down to extremely low levels and is toxic at very low levels.
Councilmember Troxell asked if the change of record retention time from 3 years to 5 years was an
EPA requirement. Comstock answered in the affirmative. The pretreatment program goes through
an annual audit and the EPA goes through the program with staff and reviews changes from the EPA
and how they relate to the City's pretreatment program.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
062, 2007. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
Ordinance No. 064, 2007,
Authorizing the Purchasing Agent to Enter
into an Agreement to Finance Vehicles and
Equipment Through Lease -Purchase Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The cost of the items to be lease purchased is $1, 070, 000. Payments at the 4.26% interest rate will
not exceed $119,367 in 2007. Money for 2007 lease purchase payments is included in the 2007
budget. The effect of the debt position for the purpose offinancial rating of the City will be to raise
the total City debt by 0.22 %. A competitive process was used to select Koch Financial Corporation
for this lease.
BACKGROUND
This Ordinance authorizes the PurchasingAgenttoenterintoalease purchasefinancingagreement
with Koch Financial Corporation at 4.26% interest rate. The agreement isforan original termfrom
the execution date of the agreement to the end of the current fiscal year. The agreement provides
for renewable one-year terms thereafter, to a total term of five (5) years, subject to annual
appropriation offunds needed for lease payments. The total lease terms, including the original and
all renewal terms, will not exceed the useful life of the property. This lease purchase financing is
consistent with the financial policies of the City of Fort Collins.
All equipment shall be purchased following the City's purchasing ordinances and procedures to
ensure that the City realizes all cost savings.
The vehicles and equipmentfinanced under the agreement will comply with applicable Citypolicies,
and will be in accordance with the goal of optimizing City resources without impacting service to
the community.
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May 1, 2007
An "Equipment Request "justifying the replacement of each vehicle or piece offleet equipment is on
file with Fleet Services. Thefleet manager has researched each request, and approved them based
on current and projected maintenance costs, fuel economy, downtime, and relevant safetyfactors.
Other equipment purchases have been approved in accordance with departmental procedures.
Lease -Purchase
The City's lease purchase policy provides that
The City of Fort Collins uses lease purchase for the provision of new and replacement equipment,
vehicles and rolling stock in order to ensure the timely replacement of equipment and vehicles. This
method may also be used to acquire real property. Members of the management staff have
developed an equipment needs schedule for rolling stock which encompasses the demands of
operating departments. This schedule is used to project equipment needs for each budget year.
The type of lease that the City uses is termed a conditional sales lease. With each rental payment
the City builds equity and assumes risk in the asset over the term of the lease. The annual
installments are subject to appropriation by the Council each year.
Advantages of a lease purchase over a cash purchase are
• Decreasing the impact of inflation on the purchase of new and replacement equipment.
• Resolving the problem of capital replacement needs backlog.
• Conserving operating reserves.
• Reducing the initial impact of the cost to user departments by enabling costs to be spread
over the useful life of the equipment.
• Safeguarding the opportunity to use cash assets to earn higher interest than the interest cost
of lease purchasing.
It should be noted that the City is able to discontinue the equipment leases so that future City
Councils will have the option to continue or discontinue the policy of lease purchasing City
equipment.
According to Section 29-1-103 C.R.S., local governments are required to identify as part of their
budgets: (1) the total expenditures during the ensuingftscal yearfor all lease purchase agreements
involving real and personal property; and (2) the total maximum payment liability under all lease
purchase agreements over the entire terms of the agreements, including all optional renewal terms.
Staff recognizes that the State does not include lease purchase in the legal definition of debt;
however, rating agencies include lease purchases in calculating the City's debt burden.
The proposed Ordinance authorizes the lease purchase financing of the following:
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May 1, 2007
Line
No.
Department
Qty
Description
Total Cost
Term
(yrs)
I
Traffic
1
Refurbish paint machine
126,372
5
2
Traffic
I
Retrorejlectometer
18,600
5
3
Collindale Golf
1
I Toro Triplex 3150 Greens Mower
24,982
5
4
Collindale Golf
1
Express 3000 Reel Grinder
31,082
5
5
Collindale Golf
1
Express 3000Bedknife Grinder
13,866
5
6
SouthRidge
15
EZ-GO Golf Carts
29,340
5
7
SouthRidge
I
Toro5040 Sand Rake
16,625
5
8
SouthRidge
1
MF431 Utility Tractor
15,950
5
9
SouthRidge
I
Toro 3500D Mower (used)
13,000
5
10
SouthRidge
I
Metron Pumping System
114,030
5
11
City Park Nine
1
Toro 3500D Mower
32,147
5
12
City Park Nine
I
Toro Workman 3200 Utility Vehicle
22,267
5
13
City Park Nine
I
Dakota 410 Top Dresser
13,866
5
14
Police Inv.
1
2007 Ford Expedition
29,719
5
15
Police Patrol
17
200 7 Dodge Durango 4wd
370,931
5
16
Police Patrol
1
2007 Ford F-250 4wd, crewcab
23,179
5
17
Police Patrol
1
Police equipment and installation
152,971
5
18
Police Inv.
I
2007 Dodge Durango 4 wd
21,073
5
Total 5-year Financing I 1,070,000
The Operations Services Director has determined that the following units meet requirements for
replacement of vehicles. Departments have appropriately justified the purchase of additional
vehicles and equipment.
Department
Old unit.
Age:
Miles/hours:
New unit ur ose:
Disposal
of old
unit:
Notes:
Meets CDOT
Pavement marking
standards for
Traffic
n/a
Retrore ectometer
n/a
measurement
Rebuild paint
Large paint
body to
striping
extend service
Traffic
truck
n/a
n/a
n/a
life
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May 1, 2007
Disposal
of old
Department
Old unit:
A e:
Mileslhours:
New unit Purpose.
unit:
Notes:
Past
Collindale
expected
Replacement bedknife
Golf
n/a
37 rs
service life.
grinder
Auction
Collindale
Replacement reel
Golf
n/a
37 vrs
rinder
Auction
One current
triplex will be
used for
rolling and
Collindale
C
verticuting
Golf
n/a
Triplex greens mower
n1a
greens.
City Park
Toro Groundsmaster
Nine Golf
Toro 3500D
7
—2800 hrs
I 3500D
Auction
City Park
Toro Workman 3200
Nine Golf
n/a
n/a
n/a
Utilitv Vehicle
n/a
Unit will
mount on
City Park
Lely
Dakota 410 Top-
Toro
Nine Golf
spreader
Worn out
dresser
Auction
Workman
SouthRidge
15 Club Car
5-7
Traded in,
For rental to
Golf
rental carts
Yrs
varies
2007 EZ-GO of carts
Per bid
the public
SouthRidge
Toro 5040 Sand Pro
Golf
n/a
9 yrs
3800
sand trap rake
Auction
SouthRidge
Used Toro 3500D
Golf
n/a
I mower
n/a
2006 Massey
SouthRidge
Ferguson Utility
Golf
n/a
Tractor
n/a
SouthRidge
20+
Original
Golf
n/a
rs
PUMPS
New Metron um s
n/a
Per bid
2004
SENSEENEM
Police Inv.
Intrepid
3
wrecked
Durango
Auction
Police Inv.
Additional
SIU
n/a
n/a
n/a
Ford Ex edition
n/a
unit
Police Patrol
2000Impala
7
49,600
Durango
Pool
Police Patrol
2000 CV
7
76,800
Duran o
Auction
Police Patrol
2000 CV
7
65,900
Durango
Pool
Police Patrol
1997 CV
10
69,300
Duran o
Pool
Police Patrol
2000 CV
7
77,200
Durango
Auction
Police Patrol
2000Impala
7
86,700
Durango
Auction
Police Patrol
1998 Blazer
9
55,400
Durango
Reassign
Police Patrol
2000E-150
7
72,200
Durango
Auction
Police Patrol
2000 Exp.
7
75,700
Durango
Auction
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May 1, 2007
Department
Old unit.
Age:
Miles/hours:
New unit purpose:
Disposal
of old
unit:
Notes:
Police Patrol
1992Sub.
15
80,800
Durango
Auction
Police Patrol
2001Impala
6
77,200
Durango
Auction
Police Patrol
2002 Tahoe
5
95,500
Durango
Auction
Police Patrol
1998 Blazer
9
50.000
Durango
Reassign
Police Patrol
2001 Tahoe
6
73,700
Duran o
Pool
Police Patrol
n/a
n/a
n/a
3 Duran os
n/a
Additional
units
Police Patrol
n/a
n/a
n/a
Ford F250 crewcab
n/a
Additional
unit
Note on usage: Units will accumulate additional miles/hours between now and when replacement
vehicles arrive.
Councilmember Troxell asked if increasing the total City Debt by .22% would harm the City's bond
rating and how does this increase affect the overall financial health of the City. City Manager
Attebeny stated between First and Second Readings, the Finance Director would provide current
bond ratings to the Council so the Council can see the City has an extremely high rating as a
financially stable local government and also any concerns the Finance Director might have regarding
the potential for this lease program to cause any detrimental impacts to the City's financial health.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 064, 2007.
Councilmember Ohlson thanked management and staff for improving the process of lease -purchase
so that vehicles are used longer and for more miles to get the best value and for providing all the
details of the leases. City Manager Atteberry stated the process now had more accountability and
transparency. The process for developing the 2008-2009 budget will include consolidating the
management of fleet facilities and IT assets. These are small line items on many budgets throughout
the organization and consolidating them into a more centralized management will provide greater
accountability and provide opportunity for standardizing, when appropriate.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Manvel,
Ohlson, Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Ohlson congratulated the Poudre High School Science Bowl team which went
undefeated at the National Science Bowl in Washington, D.C. and was received by the President at
the White House. This was a wonderful achievement in a very competitive arena.
340
Adjournment
The meeting adjourned at 7:15 p.m.
Mayor
ATTEST:
�►
City Clerk N rl�
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May 1, 2007