HomeMy WebLinkAboutMINUTES-02/16/1993-Regular' February 16, 1993
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday
February 16, 1993, at 6:30 p.m. in the Council Chambers of the City of Fort
Collins City Hall. Roll call was answered by the following Councilmembers:
Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Al Bacilli, 520 Galaxy Court, asked about the process for selecting the golf pro
at SouthRidge Golf Course.
Citizen Participation Follow-up
City Attorney Burkett stated the contract has been awarded and there has been an
administrative appeal filed. He stated there also has been a legal appeal filed.
He stated the Council does not have the legal authority to overturn the contract.
He stated there will be a review of the process and procedures for future
' contracts.
Agenda Review
City Manager Burkett stated there was a revised resolution for Item 21 and on
Item 30 there was revised Exhibit "A".
Councilmember Winokur requested Item 16 "A", Second Reading of Ordinance No. 18,
1993, Submitting a Proposed Charter Amendment to a vote of the Registered
Electors Concerning Enterprises and City -Owned Utilities, be withdrawn from the
Consent Calendar.
Michael Klesert, 5001 South Overhill Drive, requested Item 20, Resolution 93-23
Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund
Disbursements, be withdrawn from the Consent Calendar.
Bruce Lockhart, 2500 East Harmony Road, requested Item 24, Resolution 93-27
Establishing a Corporate Membership in the International Council for Local
Environmental Initiatives (I.C.L.E.1.), be withdrawn from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
' Consent Calendar. Anyone may request an item on this calendar to be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #26, Pulled
Consent Items.
7.
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10.
February 16, 1993
This Ordinance, which was unanimously adopted on First Reading on February
2, will vacate excess right-of-way for Foxtail Street and Sugarpine
Street, dedicated with the Replat of Evergreen Park 2nd Filing, located
north of Conifer Street and west of North Lemay Avenue.
The City of Fort Collins was awarded a 1992 grant from the Colorado
Historical Society in the amount of $4,000 for the work necessary to
nominate two local properties to the National Register of Historic.Places
and to create a "How To" video on preparing local and national historic
designations. This Ordinance, which was unanimously adopted on First
Reading on February 2, provides information which will be used in the
Historic Resources Preservation Program.
Like the State, the City of Fort Collins has maintained laws in its Code
against theft and the destruction of property (criminal mischief).
Currently, under State law, such crimes may be considered either a
misdemeanor or a felony, depending upon the amount of dollar loss. Under
the City Code such crimes are misdemeanors. Effective in 1992, the
Colorado General Assembly changed the jurisdictional amounts for the
crimes of theft, theft of rental property, and criminal mischief by
raising the break point between misdemeanor and felony crimes from $300 to
$400.
The Code currently uses the prior break point of $300. This Ordinance,
which was unanimously adopted on First Reading on February 2, amends
Sections 17-36, 17-37, 17-38, and 17-39 to raise the value limit of stolen
and damaged property to $400, consistent with State statutes relating to
theft of property, theft of rental property, and criminal mischief.
This Ordinance,
2, would allow
sanitary sewer
are paid.
which was unanimously adopted
the discharge of water from
system if certain conditions
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on First Reading on February
sump pumps into the City's
are met and applicable fees
February 16, 1993
Funds were appropriated in 1992 for specific purposes as described below,
but not spent. The unspent funds were added to the reserves at the end of
1992. Appropriations were typically not spent because there was not
sufficient time to complete bidding in 1992, and thus there was no known
vendor or binding contract to encumber the funds for expenditure in 1993.
This Ordinance, which was unanimously adopted on First Reading on February
2, reappropriates the 1992 funds for the same uses as were originally
approved by Council in 1992.
12.
This Ordinance, which was unanimously adopted on First Reading on February
2, would appropriate $7,496.70 earned as interest on an escrow account
into the Street Oversizing fund for payment of construction costs at
Southridge Greens Boulevard.
13.
On February 2, 1993, Council unanimously adopted Resolution 93-15
Authorizing Application to Northern Colorado Water Conservancy District
for Cancellation of Temporary Use Permits.
This Ordinance, was unanimously adopted on First Reading on February 2,
and is needed to apply for the transfer of 745 acre-foot units of
Colorado -Big Thompson (CBT) Project water held by the City under Temporary
Use Permits to a permanent Class B Contract. The Northern Colorado Water
Conservancy District ("NCWCD") requires that Temporary Use Permits be
converted to a permanent Class B Contract every few years.
14.
This Ordinance, which was unanimously adopted on First Reading on February
2, will, pending Federal Aviation Administration approval, implement the
maximum Passenger Facility Charge allowable of $3.00 per enplaned
passenger. Collection is anticipated to begin October 1, 1993, and end
when projects approved by the Federal Aviation Administration have been
completed. Completion of projects is estimated to be October 31, 1996.
Total financial impact, based on present enplanements with a 3.7% annual
growth factor calculated over the three year project period, will be
' $246,360.
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15.
February 16, 1993
The City Code outlines a procedure whereby any person may file a complaint
with the Mayor if he or she believes that a City councilmember or board or
commission member has committed an ethical violation. Under this
procedure, any such complaint which is to be placed on the next Council
agenda for review and possible action by the Council. In the event that
such a complaint is filed against four or more councilmembers, the Council
is unable to obtain a quorum to act with regard to the complaint. The
purpose of the proposed revision is to provide a procedure for dealing
with such complaints.
This Ordinance, which unanimously adopted Option A as Amended on First
Reading on February 2, would amend this Section of the Code to provide a
procedure for dealing with complaints in which four or more councilmembers
are named in the complaint.
OPTION A
Under this option, a complaint filed against four or more councilmembers
would not be submitted to the Council for action but would instead be
reviewed by a "substitute" board of review consisting of members of City '
boards and commissions selected at random by the City Clerk. The
procedure for conducting the review board meeting and rendering an
advisory opinion would be the same as exists for handling other
complaints.
16. A.
?A
The regular biennial city election is scheduled for April 6, and
state law requires that any proposed Charter amendments be placed on
the ballot by ordinance. To meet the statutory requirement that a
legal notice be published at least 30 days prior to the April 6
election, Hearing and First Reading of any Ordinance submitting a
proposed Charter amendment to the April ballot must be. considered on
February 2, with Second Reading on February 16. These Ordinances
were unanimously adopted on First Reading on,February 2nd.
The regular biennial city election is scheduled for April 6, and
state law requires that any proposed Charter amendments be placed on
the ballot by ordinance: To meet the statutory requirement that a
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' February 16, 1993
legal notice be published at least 30 days prior to the April 6
election, Hearing and First Reading of .any Ordinance submitting a
proposed Charter amendment to the April ballot must be considered on
February 2, with Second Reading on February 16. These Ordinances
were unanimously adopted on First Reading on February 2nd.
C.
District Residency Reauirements.
The regular biennial• city election is scheduled for April 6, and
state law requires that any proposed Charter amendments be placed on
the ballot by ordinance. To meet the statutory requirement that a
legal notice be published at least 30 days prior to the April 6
election, Hearing and First Reading of any Ordinance submitting a
proposed Charter amendment to the April ballot must be considered on
February 2, with Second Reading on February 16. These Ordinances
were unanimously adopted on First Reading on February 2nd.
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' The regular biennial city election is scheduled for April 6, and
state law requires that any proposed Charter amendments be placed on
the ballot by ordinance. To meet the statutory requirement that a
legal notice be published at least 30 days prior to the April 6
election, Hearing and First Reading of any Ordinance submitting a
proposed Charter amendment to the April ballot must be considered on
February 2, with Second Reading on February 16. These Ordinances
were unanimously adopted on First Reading on February 2nd.
17.
Benefit of Colorado State University.
At the November 3, 1992, Council meeting, this Ordinance was postponed to
February 16 to allow certain Councilmembers and staff to negotiate the
terms of an intergovernmental agreement with Colorado State University.
At this time the foundation for the agreement has been agreed upon and the
following have been completed:
- Goals, objectives and values that will support a proposed IGA
- Research of other cities/universities formal agreements
- Key land use issues
- A conceptual framework for the IGA
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In
19.
February 16, 1993
The applicant, Linda Ripley of Ripley Associates, on behalf of the
property owners, Enrique M. Barrau and Marny D. Barrau, have submitted a
written petition requesting annexation of approximately 31.8 acres located
on the south side of West Drake Road, 1/2 mile west of Taft Hill Road.
The property is undeveloped.
The proposed Resolution makes a finding that the petition substantially
complies with the Municipal Annexation Act, determines that a hearing
should be established regarding the annexation and directs that notice be
given of the hearing. The hearing will be held at the time of first
reading of the annexation and zoning ordinances. Not less than thirty
(30) days of prior notice is required by Colorado Law.
Since 1981, the City has contracted with the Larimer County Department of
Human Development to allocate and administer the distribution of human
services funds via the Human Resource Grant Program. While City Council '
sets the appropriation during the budget process, the recommended
allocation of the funds among the human service agencies participating in
the Human Resource Grant Program is developed by Larimer County's Human
Resource Committee.
The total 1993 funding for the Human Resource Grant Program is $421,329.
The City of Fort Collins' share is $235,200, which is 20% ($39,200) more
than it was in 1992. The City of Loveland is contributing $79,430 in
1993, 20% more than it contributed in 1992, and Larimer County is
contributing $106,699, also 20% more than was contributed in 1992. The
attached chart shows the City of Fort Collins' contributions.
This resolution authorizes the Mayor to enter into an Intergovernmental
Agreement with Larimer County for the purpose of providing social and
human services to the City of Fort Collins in 1993 and to facilitate the
allocation of funds from the 1993 budget for this purpose.
20. Resolution 93-23 Adopting the Recommendation of the Cultural Resources
Board Regarding Fort Fund Disbursements.
The disbursements from funds in the City's Cultural Programming Account
were recommended by the Cultural Resources Board at its regular meeting of
January 27, 1993.
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February 16, 1993
21.
The City purchased the land and buildings at 725 E. Vine on November 10,
1992, from Weyerhauser. Advanced Drainage Systems, Inc. has been leasing
office/warehouse space and 5.5 acres of this property from Weyerhauser
since 1985. The area that was utilized by Advanced Drainage Systems will
be affected by the construction of the new City facility for the Streets
Department. Advanced Drainage has moved out of the office/warehouse space
and would like to lease 3 acres on the westerly portion of the site for
pipe storage and modular office space. These 3 acres are not included in
the Phase I Development of the site; and thus, will not be needed by the
Streets Department over the term of this lease and option year (2 years).
22.
The Streets Department has been using a Tymco 7000 FHD air sweeper on an
extended basis to test its capabilities, reliability, and effectiveness.
It has proven superior to other machines in the following areas: (1) It is
an air sweeper with a regenerative air system that provides increased air
flow at the pickup heads for improved suction. This means small
particles, including sand, can be suctioned from the roadway surface.
This issue has been a major source of concern with regard to air quality
along the front range particularly during the winter months. The Regional
Air Quality Council (the "RAQC") has developed a strategy of sweeping with
a broom sweeper to loosen the debris followed by the air machine to pick
up the smaller particles. The RAQC has found air machines to be up to 20%
more effective than broom sweepers in picking up small particles. (2)
This machine is a high dump machine which allows the operator to deposit
the accumulated debris into a dump truck for disposal rather than dumping
the debris on the ground as is necessary with some sweepers. (3) This
sweeper offers a 4.5 cubic yard capacity hopper which allows more time to
be spent sweeping by reducing delays for dumping. An additional benefit
of the air flow design is that it eliminates the tail broom and elevator
mechanisms as well as the related drive components thus reducing the
number of parts that may need to be replaced. Recently an elevator had to
be replaced on a broom sweeper at a cost of over $5,800 and three days
lost in machine down time. Tymco is currently the only manufacturer of
air sweepers that offer the high dump system, large capacity hopper, and
regenerative air system.
23.
The Streets Department sold a 1982 loader that was in need of major
repairs at auction. They did not have the funds to replace the loader
immediately and planned to rent a loader on an as -needed basis. In April
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24.
25.
February 16, 1993
1992, a Case 721 was rented via an existing rental bid. Subsequently,
Engineering awarded a portion of the street rehabilitation project to
Streets, thus extending the need for the loader. The need for this loader
has continued, and the funds are available in the 1993 budget for the
purchase. All of the rent paid ($31,500) will be applied to the Loader's
purchase price of $90,950, leaving a balance of $59,450.
Section 8-160 (d)(3) of the Code states that any exemption to the use of
competitive bidding in excess of $50,000 must be submitted by the City
Manager and approved by the City Council. The purchase from Ellen
Equipment is requested because the rental already paid will be credited to
the purchase price. If competitive bids were solicited, the rental fee of
$31,500 would be forfeited.
The Resolution will authorize the purchase of the Case 721 loader from
Ellen Equipment, Inc. as an exemption to the use of competitive bid or
proposal.
The purpose of I.C.L.E.I.:
o Serves as an international clearing house on sustainable development I
and environmental protection policies, programs, and techniques
being implemented at the local level by local institutions.
o Initiates joint projects or campaigns among groups of local
governments to research and develop new approaches to address
pressing environmental and development problems.
o Organizes training programs and publishes reports and technical
manuals on state of the art environmental management practices.
o Serves as an advocate for local government before governments,
agencies, and organizations to increase their understanding and
support of local environmental protection and sustainable
development activities.
Any changes in polling places for municipal elections must be approved by
the City Council. The Resolution sets the polling places for the 80
precincts established for regular city elections. There will be 72
polling locations, including the absentee polling place because 8 combined
precincts will be used for this election. Arrangements will be made for
extra voting devices to handle the volume of voters at these combined ,
424
February 16, 1993
precinct locations. Most polling places are the same as those used at the
November General Election. Polling place location changes will be
extensively publicized prior to the April election.
Items on Second Reading were ready by title by City Clerk Wanda Krajicek.
7.
[3
9. Second Reading of Ordinance No. 11, 1993, Amending Article III of Chapter
17 of the Code Pertaining to Offenses Against Property.
10.
11. Second Reading of Ordinance No. 13, 1993, Appropriating Prior Year
Reserves.
12. Second Reading of Ordinance No. 14, 1993, Appropriating $7,496.70 from the
General Fund to the Street Oversizing Fund.
13.
14. Second Reading of Ordinance No. 16, 1993, Establishing a Passenger
Facility Charge for the Fort Collins -Loveland Municipal Airport.
15
16. A.
Enterprises and City -Owned Utilities.
B. Second Reading of Ordinance No. 19, 1993, Submitting a Proposed
Charter Amendment to a Vote of the Registered Electors Concerning
the Vote Reguired for Executive Sessions.
C.
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29.
February 16, 1993
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
and approve all items not removed from the Consent Calendar.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
i
Ordinance No. 18, 1993
Submitting a Proposed Charter Amendment to a
Vote of the Registered Electors of the City
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The regular biennial city election is scheduled for April 6, and state law
requires that any proposed Charter amendments be placed on the ballot by
ordinance. To meet the statutory requirement that a legal notice be published
at least 30 days prior to the April 6 election, Hearing and First Reading of any
Ordinance submitting a proposed Charter amendment to the April ballot must be
considered on February 2, with Second Reading on February 16. These Ordinances
were unanimously adopted on First Reading on February 2nd."
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 18, 1993 on Second Reading.
Councilmember Winokur asked what percentage of the City's net budget is in the
Utilities service area.
City Manager Burkett responded the Utilities make up 55 percent of the total
budget.
Councilmember Winokur asked if citizens would be required to vote on any utility
rate increases due to the passage of Amendment 1. He asked how the Charter
amendment would affect the process for setting utility rates.
426 1
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February 16, 1993
City Attorney Roy stated Amendment 1 essentially requires new taxes and new debt
to be voter approved. He stated it does not require fees or utility rates to go
to a vote and that the passage of the amendment would not affect the process for
setting utility rates.
Councilmember Horak asked where the additional funding would come from if the
federal government were to raise the utility rates higher than the 4 percent cap.
City Manager Burkett stated the funding to cover the increase would need to come
from the City's budget. If the increase substantially surpasses the budget, then
Council would decide where the reductions would need to take place.
Councilmember Horak asked if it would be possible to bring the increase before
the voters.
Alan Krcmarik, Finance Director, stated that an initiative could be brought
before the voters each November.
Rich Shannon, Utilities Director, stated the Western Area Power Administration
has floated several figures for a probable rate increase. He stated those
figures were under discussion for 6 - 10 months and the actual firm rate was
decided and passed down on a 4 6 week notice.
' Councilmember Winokur asked if Platte River Power Authority adopted a purchase
power reserve.
Shannon replied that within the last two years Platte River Power Authority
funded a purchase power reserve.
Councilmember Winokur asked about the average purchase power cost. He asked how
much money the City has in the purchase power reserve.
Shannon stated the figure is around ten millon dollars or about 14 percent.
Councilmember Horak asked if a five year capital program could be approved to
cover projects for the Electric Utility.
Shannon responded that fluctuation of percentage points in the growth of the City
makes a tremendous difference in terms of the investment needed on utilities.
He stated timing is a factor that causes a problem for a five year capital
program.
Councilmember Winokur stated the Utilities should be included in the total City
budget and not treated separately.
Mayor Kirkpatrick believed the citizens should be given a choice through this
proposed Charter amendment.
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February 16, 1993 '
Councilmember Horak believed this amendment gives the community a choice on
whether the Utilities should be treated as Enterprise Funds.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: Councilmember
Winokur.
THE MOTION CARRIED.
Resolution 93-23
Adopting the Recommendation of the
Cultural Resources Board Regarding
Fort Fund Disbursements, Adopted.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
This item recommends disbursements totalling $30,600 from funds in the City's
Cultural Development and Programming Account. The Cultural Development and
Programming Account is funded from the City's lodging tax receipts. The Cultural
Development and Programming Account receives 25% and the Fort Collins Visitors '
and Convention Bureau receives 75%. Estimated lodging tax revenues for 1993
total $274,532 and will be allocated as follows: Cultural Development and
Programming - $68,633 and Fort Collins Convention and Visitors Bureau - $205,899
for a total of $274,532.
EXECUTIVE SUMMARY
The following disbursements from funds in the City's Cultural Programming Account
were recommended by the Cultural Resources Board at its regular meeting of
January 27, 1993.
Amount
Amount
Organization
Event
R_guested
Recommended
N. CO Intertribal
Intertribal Pow -wow
f 8,000
f 3,000
Pow -wow Association
1,000*
1,000*
N. CO Weaver's
Fiber Celebration
1,000
1,000
Guild, Inc.
CO International
8th Biennial Exhibit
5,000
3,000
Poster Exhibition
Timberline Racing Mike Nields Bike Race 15,000 3,000
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February 16, 1993
CO Special Olympics
1993 Summer Games
5,000
2,500
OpenStage Theatre
"Ondine"
3,000
1,000
Fort Collins Museum
Fur Traders' Rendez.
11050
800
Opera Fort Collins
"La Boheme"
2,000
1,000
Dance Express
"Getting Together"
2,500
1,500
Spring Creek Veto
Buckeye Road Race
2,500
500
Club
N. CO Youth Hockey
Blades of Steel Tour.
3,000
1,000
Larimer County
Centennial of Women's
1,500
500
Historic Alliance
Suffrage
Lincoln Center
Lila B. Morgan Series
7,600
2,000
Dance Connection
Dance for Rural Schools
1,000
700
Canyon Concert Ballet
Spring Performance
4,000
1,000
Earthrise, Inc.
Earthday Ce1eb.
2,500
750
CSU Dance Program
"Dance Sampler"
1,800
750
Fort Collins Area
CO Long Course
2,250
750
Swim Team
Championships
CSU Foundation/
Elderhostel Concert
2,900
800
Pingree Park
Centennial Children's
Children's Choir
1,300
400
Chorus
Festival
Timberline Racing
Jeremy Long Bike
2,535
500
Bike Classic
Foothills Civic
"The Elephant Man"
500
300
Theatre
Fort Collins Museum
Grand Re -opening
15,315
2,650
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February 16, 1993
1
Catholic Community St. Patrick's Day 1,500 200
Services Dance
TOTAL $93,750 $30,600
*Reimbursable Funding"
Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt
Resolution 93-23.
Councilmember Kneeland noted that she filed a disclosure statement with the
Secretary of State on this item in order for her to participate.
l
Michael Klesert, 5001 South Overhill Drive, General Manager of Fort Collins
Symphony, stated the concert which the funding is sought is open to the public.
He stated the concert is a new event rather than a continuous event. He asked
Council to consider funding this project.
Karen Warren, 1504 West Mountain, member of the Cultural Resources Board,
explained the process and the criteria used for funding proposals. She stated
the request for funding various proposals totalled around $110,000 and only
$30,000 dollars was available. She stated 219 events were funded and 45 events
were not since 1987. She stated the Board believed this event was very similar
to a previous event and that the Board tries to fund new events to the community.
,
Councilmember Kneeland asked if objective criteria are used to rate each request.
Warren stated there is specific criteria that each request must follow.
Councilmember Maxey asked about reimbursable funding.
Warren stated that the applicant has up to 90 days to pay back the funds and that
money usually goes into the next funding session.
Jane Nevrivy, 2001 South Shields, member of the Cultural Resources Board,
presented additional information on the Fort Fund Disbursements that were chosen.
She stated this particular request was very similar to the Symphony orientation
at the public schools; therefore, the Board did not want to duplicate any
funding.
Mayor Kirkpatrick thanked the Board for its recommendation, time, and effort in
serving the community.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
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February 16, 1993
Resolution 93-27
Establishing a Corporate Membership in the
International Council for Local
Environmental Initiatives (I.C.L.E.I.). Adopted.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Currently, the annual membership fee is $1,000.00.
EXECUTIVE SUMMARY
The purpose
of I.C.L.E.1.:
o
Serves as an international clearing house on sustainable development
and environmental protection policies, programs, and techniques
being implemented at the local level by local institutions.
o
Initiates joint projects or campaigns among groups of local
governments to research and develop new approaches to address
pressing environmental and development problems.
' o
Organizes training programs and publishes reports and technical
the management
manuals on state of art environmental practices.
o
Serves as an advocate for local government before governments,
agencies, and organizations to increase their understanding and
support of local environmental protection and sustainable
development activities.
The benefits of City membership include the following:
1.
Provides opportunities for training of City personnel in innovative
environmental management programs.
2.
Supplies a wide variety of high quality information specifically
targeted at environmental management at the local level.
3.
Establishes a worldwide network of local environmental officials who
share information on successful environmental programs.
4.
Provides opportunity to collaborate in special, focused campaigns to
develop local solutions to major environmental concerns, including
global climate change.
5.
Allows Fort Collins an important avenue to share our experiences and
'
successes.
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February 16, 1993
6. Provides another opportunity for advocacy for increased emphasis and
support for developing local solutions to environmental concerns.
The application material for membership in I.C.L.E.I. asks for the City to
designate a primary "internal consultant". Staff recommends that the Natural
Resources Director be so designated."
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Resolution 93-27.
Bruce Lockhart, 2500 East Harmony Road, stated he was opposed to the approving
membership in I.C.L.E.I. He believed it was inappropriate for the City to spend
$1,000 a year in membership fees and questioned the value of I.C.L.E.I.
membership.
Mayor Kirkpatrick provided background information about I.C.L.E.I. She believed
the community would benefit from the City obtaining a membership in I.C.L.E.I.
Councilmember Kneeland stated that Resolution 91-135 authorized the City to
participate in membership of organizations which provide services to the City and
supported membership in I.C.L.E.I.
The.vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers '
Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Winokur reminded that there will be four Charter Amendments before
the voters on April 6.
Councilmember Horak asked how the City was going to inform the public on the
repairing of potholes on the City streets.
Rich Shannon, Utilities Director, stated there is a Pothole Patrol phone number
for citizens to call anytime and report potholes on the City streets. He stated
the policy is to fill those potholes within a 24-hour period.
Councilmember Horak stated the Spring Creek Trail is not clearly marked to
identify alternate routes to bypass the construction. He stated that he would
like to see some temporary signs placed in order to provide safe passage through
the construction zone.
Councilmember Maxey asked about the City's contributions in relation to other
entities in regard to Item 9 on the Consent Agenda. He stated the City should
have better representation on the County Boards and Commissions. He believed the
provision of Social and Human Services should be reviewed in the next few months. '
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' February 16, 1993
Ordinance No. 7, 1993
Approving the City of Fort Collins
Prospect Road Streetscape Program and Incorporating
it as an Element of the Comprehensive Plan
of the City of Fort Collins and Adopting the
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance, which was adopted 6-1 on First Reading on January 19, indicates
that staff began a formal planning process for a four mile section of east
Prospect road which has resulted in the Prospect Road Streetscape Program. The
study area consists of all properties within 113 mile of Prospect Road from
Riverside Drive on the west, to the Urban Growth Area boundary one mile east of
1-25 (County Road 5).
The Prospect Road Streetscape Program establishes design standards and guidelines
for future streetscape development. The standards and guidelines provide a
framework for decision -making for both the City as well as private developers
proposing projects and/or improvements in the corridor and, as an evaluation tool
' by the Planning and Zoning Board in the development review process. The Program
also includes several Implementation Actions that entail additional research
and/or design work.
The Program provides an opportunity to implement several goals and objectives of
the City's Comprehensive Plan. This program is part of a continuing effort to
plan for the future development of the City's major gateways. The project was
identified in the 1991-1993 Council Work Plan and the 1990 Audit of the Land
Development Guidance System.
City staff, property owners, interested citizens and four City boards have all
contributed to the planning effort. On December 17, 1992, the Planning and
Zoning Board recommended approval and adoption of the Prospect Road Streetscape
Program.
Since the January 19, 1993, City Council hearing, staff followed up on Council's
request to review the "recreation trail" guidelines in the Natural Shrubscape
Style and included additional language providing that the "recreation trail" be
designed to meet the requirements set forth in the Americans with Disabilities
Act (ADA).
On February 8, 1993, staff presented the revised "recreation trail" guideline to
the Commission on Disability (COD). The COD concurred with the staff, that the
"recreation trail" guideline include language which includes the requirement of
' ADA compliance. See the attached letter from the COD recommending approval of
the revised "recreation trail" guideline."
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February 16, 1993
Councilmember Azari made a motion, seconded by Councilmember Kneeland, to adopt
Ordinance No. 7, 1993, on Second Reading.
Janet Meisel, Project Planner, stated that staff met with the Commission on
Disability to discuss the guidelines for handicap access to the trail. She
stated staff revised the guideline to read; "a ten foot wide meandering
recreation trail meeting the requirements of the Americans with Disabilities Act
should be provided along the bottom of the terrace slope." She stated the
Commission submitted a letter to Council approving the revised version of the
Ordinance.
Councilmember Edwards stated he is in support of the Plan and believed the Plan
addressed all of the unique aspects of Prospect Corridor.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 93-29
Adopting the Citv's Cultural Policy. Postponed to March 2.
The following is staff's memorandum on this item. I
"EXECUTIVE SUMMARY
The Cultural Resources Board, at the request of City Council, has been working
since October of 1991 to formulate a written document outlining the current
policy of the City with respect to cultural development.
The Board, after obtaining a $7,500 grant from the State Council on the Arts,
worked with a consulting firm (Hammer, Siler, George) and developed a "plan -to -
plan" to formulate a community wide cultural plan. One of the components of the
"plan to plan" is a City Policy for the Arts. Before embarking on the community
.cultural plan, it was the decision of the Board, that the City's Cultural Policy
needed to be developed and adopted by City Council.
The Cultural Resources Board presented the Cultural Policy to Council at its
regular meeting August 18, 1992. At that meeting Council had questions regarding
the proposed policy and requested that the policy be discussed at a worksession.
On October 13, 1992 Council held a worksession with the Cultural Resources Board.
The Cultural Policy has been rewritten to reflect the concerns and comments
outlined by City Council at that time.
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' February 16, 1993
Also included, but not part of the policy, is a proposed work plan which the
Cultural Resources Board would like City Council to consider as issues are
brought to the Council as cultural opportunities and circumstances arise.
Following adoption of this resolution, the Board will continue to work toward the
development of a community -wide cultural plan, which has been partially funded
by the City's supplemental funding in 1992 of $7,500.
Also attached are recommendations for adoption of the Cultural Policy from both
the Landmark Preservation Commission and Downtown Development Authority."
Councilmember Kneeland withdrew from discussion and vote on this item because of
a potential conflict of interest.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Resolution 93-29.
Dave Siever, Director of Cultural Services, reviewed the process for developing
the policy. He presented details of the workplan and stressed that this
Resolution. would not adopt the workplan.
Karen Warren, 1504 West Mountain, representative of the Cultural Resources Board,
stated the Board looks forward to the completion of the Cultural Policy. She
introduced various members of the Board and stated that the Boardmembers would
be available to answer any questions.
Bruce Freestone, 701 Pear, commented on the policy and expressed concern
regarding the definition of "policy." He asked Council to direct staff to
reformulate language in a more traditional style.
Councilmember Horak suggested the policy go back to the Board for review and the
addition of specific policy language.
Mayor Kirkpatrick asked if any cross departmental screening took place in
developing this policy.
City Manager Burkett stated the policy was not reviewed across departments.
Councilmember Azari believed there was no substantial difference between Mr.
Freestone's wording of the policy and the Cultural Resources Board. She stated
the Economic Development Policy and the Human Services Policy should have been
used as a guideline when preparing this policy.
Councilmember Winokur stated the Cultural Resources Board did an excellent job
in preparing this policy; however, he believed if there is misleading language
in the policy it needs to be corrected.
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February 16, 1993
Councilmember Edwards believed this policy needs to be adopted before this
Council's term is completed. He stated the policy needs to be edited to
incorporate some of the language that Mr. Freestone suggested.
Councilmember Maxey stated following the adoption of this Resolution, the
Cultural Resources Board should continue to work toward the development of a
community -wide cultural plan.
Councilmember Horak made a motion, seconded by Councilmember Winokur to postpone
consideration of this item until March 2. He stated the language of the policy
should be reviewed and rewritten.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 93-30
Instructing the City Manager to Negotiate a Lease
of the Old "Power Plant" to Colorado State University (CSU)
The following is staff's memorandum on this item. I
"FINANCIAL IMPACT
The old Power Plant has not been used by the City as an electric generating
facility since 1973. The Light and Power Department used a portion of the
building and grounds for an electrical substation until 1991. The property has
been maintained by the Light and Power Department. A lease of the property has
the potential to reduce maintenance costs between $15,000 to $25,000 annually.
CSU has indicated that it has sufficient sources of funding to make the
improvements that CSU requires and to maintain the property. The City would
continue to be responsible for the maintenance of the structural integrity of the
building, the cost of which should be minimal.
EXECUTIVE SUMMARY
Through a RFP process,. the City solicited proposals for uses of the Power Plant.
Notices of the RFP went to 182 real estate, property management, engineering and
architectural firms. Two proposals were received. One proposal came from the
Mechanical Engineering Department of CSU for an "engines and alternative energy
laboratory". The other proposal came from Fort Collins Alternative Development,
Inc. (FCADI) for volleyball and wall climbing facility.
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' February 16, 1993
An interview committee comprised of three City Staff members, two members of the
Landmark Preservation Commission, and the director of the DDA reviewed the
proposals with respect to the criteria setforth in the RFP and interviewed the
parties. The interview committee found the CSU proposal to allow the City
greater input on the long term use of the Power Plant property, to be more
financially secure, and to better preserve the historical nature of the property.
As a result the interview committee recommends that the City enter into
negotiations with CSU for use of the old Power Plant as an "Engines and Energy
Conversion Laboratory".
BACKGROUND•
The old Power Plant located at 430 North College has been empty since 1973. That
year, the City ceased to generate its own electricity and the boilers, generators
and associated equipment were removed. The Light and Power Department continued
to maintain an electric distribution substation on the property until 1991. The
building was leased through the Poudre River Trust to the Power Plant Visual Arts
Center for a few years in the late 1980's. The Art Center was not able to
sustain sufficient revenues to make improvements or to pay for utilities. The
Power Plant Visual Arts Center eventually moved out of the Power Plant and became
associated with One West Art Center.
' In the spring of 1992, the Mechanical Engineering Department of Colorado State
University came to the City with a proposal to lease the building for an
alternative energy and engines research laboratory. The proposal was not
solicited by the City. The proposal was taken to the Council to allow the City
Manager to enter into a lease agreement with CSU for the use of the Power Plant
building. At that time, May of 1992, another group came forward and asked to use
the property. The Council then directed the staff to limit the lease to CSU to
six months with one six month automatic renewal option. The Council also
directed the staff to request proposals to determine the extent of interest and
possible uses for the Power Plant property.
PROCESS:
The staff developed a request for proposals following the RFP process specified
by the Purchasing Department. Notice of the RFP went to 182 real estate,
property management, architects, and engineering firms, and was printed in the
local press. The RFP described the property, particular items of interest
impacting the property such as the proposed bike trail, and the proposal
evaluation criteria. Two proposals were received from the two parties involved
with the Council discussion in May.
On December 7, 1992, interviews were held with the two proposers, the Mechanical
Engineering Department of CSU (CSU) and Fort Collins Alternative Development,
Inc. (FCADI). The interview committee for the City was Brian Janonis and Kirk
Jensen, members of the Landmark Preservation Commission; Chip Steiner, DDA; Tom
' Peterson, Planning Director; Jim O'Nei17, Purchasing Director; and Bob Nastan,
437
February 16, 1993
Construction and Services Manager. The interview committee reviewed the
proposals and held interviews with each group. At the interviews, the proposers
had an opportunity to make a presentation and then to respond to questions from
the interview committee. The interview committee then reviewed each proposal
based on the evaluation criteria and weighing factors set forth in the RFP. Each
committee member individually ranked the proposals and the results were totalled.
The CSU proposal was ranked the higher of the two and was the clear choice of the
interview committee.
DISCUSSION OF THE PROPOSALS:
The CSU Mechanical Engineering Department's proposal is to use the Power Plant
for an "Engines and Energy Conversion Laboratory". CSU intends to conduct
research on engine efficiency, alternative fuels, and the reduction of pollutants
from engines. FCADI would like to renovate the Power Plant for two indoor
volleyball courts, a sixty foot high climbing wall, a half court basketball area,
and construct four outdoor volleyball courts. Possible users of the facility may
be the Fort Collins Volleyball Association, Pinnacle Rock Climbing Group,
Activities Youth Center, and Canyon Concert Ballet.
The following discussion of the points of each proposal follow the evaluation
criteria set forth in the RFP.
A. Detail the Proposed Activity, Describe Impacts, Describe Benefits '
Both proposals, while dramatically different in purpose, offer positive benefits
to the community. CSU's contributions are in the form of an opportunity to
reduce air pollution, business development in the North College Avenue corridor,
and research assistance for local and statewide industries. FCADI proposes to
create what may be a needed recreational facility that could be compatible with
use of the river corridor as a recreational area, and to provide economic
development in the North College Avenue corridor. Both proposed uses are
desirable, compatible with land use plans, and have the potential to make
positive contributions to the City.
B. Describe Changes Proposed to the Building
CSU proposes to do research on large stationary engines along with engines
typically associated with transportation. To this end, the Power Plant is
uniquely suited to CSU's use. The Power Plant has large foundations to bedrock
that are isolated from the floors of the building to prevent vibrations from
being transmitted to the structure. These foundations were built for generator
units and are ideal for the installation of the large stationary engines.
Building modifications are necessary to bring the building into code compliance,
provide rest rooms, install heating and mechanical systems, and to refinish
office areas. FCADI intends to renovate the interior of the building for
volleyball courts, climbing wall and half court basketball. Substantial
modifications are needed to accomplish this renovation. A number of structural '
438
February 16, 1993
steel columns need to be removed to provide sufficient clear floor space. The
openings in the floor for the boilers need to be filled. Locker rooms would need
to be built. Substantial improvements must be made to accommodate the gymnasium
type of use. The CSU proposal requires fewer and less substantial changes to the
building than the FCADI proposal.
C. Provide Costs Estimates and Sources of Funding
CSU has estimated costs of $257,000 to accomplish the changes in the building
necessary to meet its needs. The revenue sources for the work include research
contracts and grants, CSU capital construction funds, CSU operating funds for
maintenance, and the solicitation of State historical grants for the historical
preservation aspects of the building facade. FCADI has estimated a cost of
$330,000 to make the improvements for its use. FCADI has not yet identified a
source for these funds but has indicated that they require a revenue stream from
operations to support payments on a $330,000 note. The costs for preservation
of the building facade have not been estimated by FCADI nor has a revenue source
been identified. The CSU proposal has more thoroughly identified the costs and
revenue sources associated with its renovation needs.
D. Provide Cost Estimates and Sources for Maintenance
' Both CSU and FCADI have identified revenue streams for maintenance of the
property. CSU proposes a lease arrangement such that the City would continue to
be responsible for the integrity of the structure. FCADI proposes that the title
be transferred from the City to FCADI. FCADI would then be responsible for all
costs associated with the property and would relieve the City of all costs
associated with ownership and maintenance of the property.
J
E. Detail Impacts on Historical Designation
CSU has identified costs and a source of revenue for the preservation of the
building facade and fountain which have been designated as local landmarks. The
proposed use by C5U does not adversely impact facade or fountain. CSU offers its
expertise of Messrs. Beardmore and Reidhead of the "Center for the Stabilization
and Reuse of Important Structures" for its efforts in preservation of the Power
Plant. CSU also proposes to file for grants from the State Historical Society
which is administering the distribution of taxes on gaming revenues for
historical preservation. The Principals of FCADI offer their expertise as
developers and renovators of historical properties in Fort Collins but have not
yet outlined a stabilization program. The FCADI use does not adversely impact
the building facade or fountain. The CSU proposal has addressed and outlined
a program to stabilize the landmark designated portions of the property.
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February 16, 1993
1
F. Describe Compatibility of Proposed Use with the Building
The CSU use of the building takes advantage of the large isolated foundations for
the installation of large engines. The FCADI would take advantage of the clear
interior height of the building to construct a climbing wall of competition
height. In this regard, both proposals use a unique aspect of the building to
meet their needs.
G. Describe Compatibility of Proposed Use with the River Corridor, Downtown,
and North College Area
As previously mentioned, both proposals are compatible with land use plans encom-
passing the area of the Power Plant. The CSU proposal is a research laboratory
which is a suitable use considering its location on North College.Avenue and
adjacent to the business district. The FCADI proposal is for a recreation
facility which is suitable given that one of the uses of the river corridor is .
for recreation. The FCADI use could also be compatible with the business area
of North College and the downtown area. CSU currently has six full time and
fourteen part time positions working at the Power Plant and will add up to six
additional full time positions if CSU's proposal is accepted. CSU current
revenue stream is $800,000 annually and CSU projects that the revenue stream will
exceed $1,000,000 if their program continues over the next year. FCADI estimates
that it could create up to 45 full and part time positions and may be able to '
have a revenue stream as much as $1,500,000 if their program would reach
maturity. (Estimates have been provided by the proposers.)
H. Describe Compatibility of Proposed Use with the Hiking/Bike Trail
The CSU proposed use is primarily restricted to the interior of the building.
Some fenced area will be required on the north side of the building for the
parking of research vehicles. FCADI proposes the construction of four outdoor
volleyball courts on the north side of the Power Plant. The sketch plan of the
courts indicates that the courts would be in conflict with the proposed route of
bike and hiking trail along the south side of the Poudre River. FCADI has stated
that any conflict between the trail and courts could be resolved. However, no
plan for mitigation of the conflict has yet to be presented nor has the financial
impact been addressed on either the construction costs of the trail to the City
or on the renovation costs to FCADI. The CSU proposal avoids conflicts with the
trail.
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February 16, 1993
I. Describe the Method Proposed to Assume Control of the Property
CSU is proposing that the City lease the property to CSU for ten years with 5
year renewals. Either party could cancel the lease upon 2 years notice to the
other party. CSU would assume all maintenance costs except those associated with
the integrity of the structure. CSU is willing to abide by all City regulations
and zoning requirements for the property and has indicated it is willing to
negotiate to reach an agreement suitable for both parties. During the interview
process, FCADI indicated that they would like the City to donate the property to
FCADI. The property could then be used as collateral for construction loans.
Beyond this information, the FCADI has not yet detailed a transfer mechanism.
The CSU proposal is better thought out and detailed in this area.
Of the nine evaluation criteria listed in the RFP, the interview committee felt
that the CSU proposal was superior in five of the evaluation areas (B,C,E,H and
I), the FCADI proposal was better in one (D),.and the proposals were approximate-
ly equal in the remaining three
(A,F and G).
INTERVIEW COMMITTEE CONCLUSION:
The interview committee had a concern that if the property title was transferred
' and the party receiving the property became financially insolvent,. the City would
not have any means of re -asserting control of the Power Plant. In particular,
if due to financial problems the exterior of the building was not maintained, it
might deteriorate beyond a point of where repair was possible. The CSU proposal
of a long term lease would allow the City to assert control of the property or
to use the building (after the notice period) if the City found a higher and
better use. The CSU proposal represents a use that has already secured funding
through research grants and is the more financially secure of the two proposals.
The experience of the Power Plant Visual Arts Center is an example of the
consequences of inadequate financial backing. In general, the interview
committee found the CSU proposal to be better prepared and to offer the City more
flexibility. For these reasons and the results of the comparison to the
evaluation criteria, the interview committee recommends the CSU proposal."
Mayor Kirkpatrick withdrew from discussion and vote on this item because of a
potential conflict of interest.
Bob Nastan, Construction and Services Manager for Light and Power, presented
background information and history of the proposal. He stated an interview
committee was formed which consisted of three staff members and two people from
the Landmark Preservation Commission. He stated the Committee came to the
conclusion that CSU was the superior proposal for the Power Plant. He stated the
Committee recommends that a lease negotiation be opened between the CSU
Mechanical Engineering Department and the City.
441
February 16, 1993
Councilmember Maxey made a motion, seconded by Councilmember Horak, to adopt
Resolution 93-30.
Councilmember Maxey asked if the lease would recognize the State's requirements
relating to the bridge over the Poudre River and the City's need for space for
the bikepath.
Nastan replied the proposal recognized the work on North College that the Highway
Department will do and added that the bikepath would go through the Power Plant
property. He stated those conditions will be negotiated into a lease.
Dr. Bryan Wilson, Director of Engines and Energy Conversion Laboratory at CSU,
described the program and the energy research projects to be conducted in the
facility. He stated the laboratory is one of the most comprehensive energy
research laboratories in the country. The lab in 1993 will spend more than
$350,000 in the City and will bring outside dollars to the community. He stated
MANTEK would be located at the plant and has over a $450,000 budget. He stated
between MANTEK and the lab there will be over $1 million spent in the City of
Fort Collins. He stated CSU recognizes the preservation of the historic Power
Plant and will restore the building. He believed this project benefits the
community.
Craig Carlyle, Director of Operations at MANTEK, stated MANTEK will consult with
major manufacturing companies on new innovative ideas for this industry. He '
stated that its participation in the use of the Power Plant would financially
benefit the Fort Collins Community. He stated MANTEK would be also providing
funds for the renovation of the Power Plant.
Art Darby, Vice President for CSU Administration, stated the administration staff
at CSU shares in the enthusiasm for this project. He stated CSU has a commitment
to make this project work to the benefit of both CSU and the City.
Jim McCoy, Tenneco Gas, emphasized the importance of this project to the natural
gas industry and to the community. He stated there is no other facility in the
country at the present time that is an independent lab of this sort. He stated
the industry is in favor of the implementation of the lab.
Bruce Lockhart, 2500 East Harmony Road, encouraged Council to adopt the proposal.
He stated that any restrictions placed against CSU for any damage created to the
building should be removed. He believed the building has no historic value to
the City of Fort Collins.
Randy Potter, 1833 Lowell Lane, graduate student conducting engine research at
the facility, stated he was in full support of the project and urged Council to
adopt the Resolution.
442 1
February 16, 1993
Jim Reidhead, 709 West Mountain Avenue, CSU employee and representative of the
historic preservation community, supported the lease to CSU stating this type of
industrial use is appropriate in the Power Plant building.
Jamie Schneider, Laboratory Manager, provided information on the impact the lab
has had on its employees. She stated this project has provided the students the
opportunity to go beyond the classroom and apply what has been learned to real
world problems. She expressed the support from the students involved in the
research and urged Council to adopt the Resolution.
Kelly Benson, Engineering Manager at Woodward Governor, stated that Woodward
Governor. has an ongoing need for graduate and undergraduate students in this
field. He stated the students who participate in this project receive the best
training available in this field. He stated the Company is in full support of
the project.
Councilmember Kneeland asked about environmental safeguards at the facility.
Wilson responded there are safeguards against pollution to the Poudre River. He
stated no large amounts of liquid fuel are stored and stated all solvents and
cleaners are disposed of properly under City and CSU guidelines. He stated
monitoring wells installed around the facility will measure the level of past
' pollution and will serve as monitors to prevent future pollution of the Poudre
River.
Councilmember Horak supported the project and believed the community will benefit
greatly from the project.
Councilmember Winokur stated that this project benefits the community not only
for environmental standards but for financial reasons as well. He stated that
more information and education about the project should be distributed to the
community.
Councilmember Edwards stated this is a great project and expressed satisfaction
with the energy research at the facility.
Councilmember Maxey appreciated the use of the facility for the research and
education that would be put forth in the community and around the country.
Councilmember Kneeland stated that the collaborative use between the City and CSU
is to be commended. She stated that the community would benefit greatly from the
project.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kneeland, Maxey, and Winokur. Nays: None.
I THE MOTION CARRIED.
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February 16, 1993 '
Other Business
Councilmember Horak requested a two -page memo regarding property tax relief on
low-income and fixed income households. He asked the memo to incorporate what
is done in other communities and how Fort Collins' program compares.
Councilmember Winokur requested a two -page memo regarding community education
efforts on the recycling program in Fort Collins.
The meeting adjourned at 9:25 p.m.
ATTEST:
City Clerk
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