HomeMy WebLinkAboutMINUTES-10/02/1990-Regular' October 2, 1990
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Proclamations and Presentations - 6:15 p.m.
a. Proclamation Designating October as AIDS Awareness Month, was presented.
b. Proclamation Designating October as International Training In Communication
Month, was presented.
C. Proclamation Designating October 7-13 as Fire Prevention Week, was
presented.
d. Proclamation Designating October 16 as World Food Day, was presented.
e. Proclamation Naming September 30 - October 6 as 4-H Club Week, was
presented.
f. Presentation of Certificates of Appreciation to Members of the Census
Counting Committee, were made.
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday,
October 2, 1990, at 6:30 p.m. in the Council Chambers in the City of Fort Collins
City Hall. Roll call was answered by the following Councilmembers: Azari,
Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Mayor Kirkpatrick read a Proclamation designating October as Disability Awareness
Month. Presentations of the Mayors Award were made by Arnie Anderson Vice -
Chairman of the Commission on Disability.
Jane Folsom, Chairperson of the Cultural Resources Board, presented the Council
with a plaque received by the Cultural Resources Board from the Fort Collins
Balloon Festival. She requested that the Council allocate additional funding
for the community's cultural resources facilities.
Bill Bertchy, 430 Peterson, expressed concerns regarding the increase of crime
and speeding in his neighborhood, and expressed the need for more of a law
enforcement presence in the area. He asked that the noise ordinance be strongly
enforced.
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Kevin Ponus, representing the ASCSU Task Force on the Noise Ordinance, voiced
his concerns regarding the guidelines for noise violations and fines imposed on
students found in violation.
Tom Waugh, president of the S.A.E. House, spoke to restructuring of parties
given by the Greek system. He stated that the noise ordinance was unreasonable
and should be rewritten.
Bruce Lockhart, 2500 E. Harmony Road, spoke in support of Amendment 1.
Christian Brand, 1339 W. Mulberry, spoke in opposition to the noise ordinance.
He stated that college students are being discriminated against and that fines
are too high for the violation.
Agenda Review: City Manager
City Manager Burkett stated there were changes to item #18 in the Agenda.
Bruce Lockhart, 2500 E. Harmony Road, requested that Item #8, Hearing and First
Reading of Ordinance No. 107, 1990, Appropriating Unanticipated Revenue and Prior
Year Reserves in the Police Pension Fund and Authorizing the Transfer of
Appropriated Amounts to the General Fund, 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 #15, Pulled
Consent Items.
7.
Consider approval of the minutes of the ad.iourned meeting of August 16 and
regular meeting of August 21.
In 1989, Anheuser-Busch Corporation donated $55,000 to the City of Fort
Collins to make improvements to the Northside Aztlan Community Center.
The City received half of the donation last fall, and that amount was
recently appropriated by Council. The other half was just recently
received. The work to be done includes adding air circulation in the
gymnasium, making locker room improvements, improving exterior wall
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moisture protection, improving the gymnasium floor, adding a divider
Community Center.
Police Department personnel hired before April 8, 1978 were covered by the
City of Fort Collins Police Officer's Pension Plan (the "Old Hire" Plan)
for their retirement benefits. In 1988 and 1989 the Pension Board and the
Council took actions to amend this Plan to allow police officers to
transfer to a money purchase plan sponsored by the ICMA Retirement
Corporation. The City has purchased annuities for the remaining
beneficiaries of the Old Hire Plan. The City has also received a letter
from the IRS indicating that the amendment of the old plan meets its
requirements to retain tax qualification. Since all liabilities of the
Plan have been eliminated, the Police Officer's Pension Fund is no longer
necessary and the funds therein will be transferred to the City's General
Fund and accounted for in the undesignated fund balance.
Adoption of the ordinance authorizes the Mayor to sign an intergovernmental
agreement with other Colorado municipalities so that each jurisdiction can
recover sales and use tax payments made erroneously to other
municipalities. The agreement is an effort to eliminate a perceived burden
on taxpayers and vendors.
Two events have occurred this year that require changes to the Cit@.y s
Industrial Pretreatment program requirements. First, the Environmental
Protection Agency conducted a routine audit of the City s pretreatment
program. The evaluation of the City s program was generally favorable to
the City, although EPA has recommended that some clarifications to the
pretreatment ordinance be made. In addition, changes to the federal
Pretreatment Regulation went into effect on August 23. Several of those
changes to the national requirements for pretreatment programs also require
changes to the City Code.
Generally, the changes resulting form the EPA',audit are minor. Changes
required by the new EPA regulation are+more significant. Both the changes
required by the audit and those required by the'new regulation are
necessary for the City s industrial pretreatment program to remain in
compliance with State and Federal law. The City is required to have an
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approved pretreatment program under the terms of its discharge permit for
the wastewater treatment plants. At this time, it is expected that the
changes can be implemented using existing resources for the pretreatment
program. An evaluation will be conducted over the next several months to
assure that necessary resources are available.
At its May 29, 1990 worksession, Council discussed the advisability of
retaining alternate positions on boards and commissions. Based upon the
discussion at that worksession, many of the alternate positions on the
boards and commissions were not filled during the annual appointment
process.
On July 3, 1990, Council adopted Resolution 90-100, which established a
policy for the elimination of alternate positions on boards and
commissions. That Resolution provides for the Council liaison assigned
to each board or commission which currently has alternate positions to make
a recommendation of changes in the composition of the board or commission
to which he or she is assigned, in order to achieve the elimination of
alternate positions.
Mayor Kirkpatrick, as liaison to the Zoning Board of Appeals, is
recommending that the 2 alternate positions on the Board be converted to
regular positions at this time, changing the composition from 5 members
plus 2 alternates to a total of 7 regular members. One of the alternate
positions on the Board was left vacant during the annual appointment
process. The other alternate member recently moved out of state, creating
a vacancy in the second alternate position.
The Colorado Campaign Reform Act (CRA),provides that cities may make
contributions or contributions in -kind, to dispense fair and balanced
information in campaigns involving,issues''.in which they have an official
concern. This Resolution makes a -determination that the Proposed Charter
Amendment concerning direct elect ion of the Mayor is a matter of official
concern for the City of Fort Collins, and authorizes the expenditure of
such staff time and resources as may be necessary to prepare and distribute
a fair and balanced fact sheet concerning the measure, which has been
placed on the ballot of a Special City Election to be held in conjunction
with the General Election on November 6, 1990.
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13. Resolution 90-137 Making an Appointment to the Human Relations Commission.
A vacancy currently exists on the Human Relations Commission due to the
resignation of Lucius Drake.
Applications were solicited and Councilmembers Mabry and Kirkpatrick
conducted interviews on September 17. The Council interview team is
recommending Man Oberoi be appointed to fill the term to expire July 1,
1994.
14. Routine Deeds and Easements.
a. Easement dedication from Everitt Enterprises Limited Partnership No.
1, a Colorado limited partnership, adjacent to Fire Station No. 10,
needed as part of the Fire Station site purchase. Monetary
consideration: $1.
b. Powerline easement from Transamerica Title Insurance Company, a
Corporation duly organized and existing under and by virtue of the
laws of the State of California, 151 W. Mountain, needed to
underground existing overhead electric services. Monetary
consideration: $1,485 (330 sq. ft. @ $4.50/sq. ft.)
' Ordinance on Second Reading were read by title by Wanda Krajicek, City Clerk.
Item V.
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk.
Item #8.
Item #9.
Tax.
Item #10.
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Item #11.
Councilmember Mabry made a motion, seconded by Councilmember Azari, to adopt and
approve all items not removed from the Consent Calendar. Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Hearing and First Reading of Ordinance No. 107, 1990,
Appropriating Unanticipated Revenue and Prior Year Reserves
in the Police Pension Fund and Authorizing the Transfer
of Appropriated Amounts to the General Fund, Adopted
The following is staff s memorandum on this item:
"FINANCIAL IMPACT
As of June 30, 1990 there was approximately $1,300,000 remaining in the Police
Pension Fund after the conversion from the defined benefit plan to the money
purchase plan. Annuities fulfilling the City's pension obligation to all retired
members of the Police Officer's Pension Plan have been purchased and the Internal
Revenue Service has provided a letter of determination accepting the amendments
to the old hire police pension plan. This ordinance will transfer the remaining
Police Pension fund balance and increase the amount of the undesignated fund
balance in the General Fund by approximately $1,300,000.
EXECUTIVE SUMMARY
Police Department personnel hired before April 8, 1978 were covered by the City
of Fort Collins Police Officer's Pension Plan (the "Old Hire" Plan) for their
retirement benefits. In 1988 and 1989 the Pension Board and the Council took
actions to amend this Plan to allow police officers to transfer to a money
purchase plan sponsored by the ICMA Retirement Corporation. The City has
purchased annuities for the remaining beneficiaries of the Old Hire Plan. The
City has also received a letter from the IRS indicating that the amendment of
the old plan meets its requirements to retain tax qualification. Since all
liabilities of the Plan have been eliminated, the Police Officer's Pension Fund
is no longer necessary and the funds therein will be transferred to the City's
General Fund and accounted for in the undesignated fund balance.
BACKGROUND:
This action completes several years',' of work
officers from a defined benefit plan to a
officers view the conversion as an improvement
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money purchase plan. The police
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October 2, 1990
greater flexibility. Beneficiaries received a cost of living increase and the
City will be able to use the remaining funds from the plan for other purposes.
The amount of the transfer has been incorporated into the 1991 Budget as
recommended to the Council. The $1.25 million has been included in the total
for undesignated general fund balance.
City staff also considered using the remaining monies in the pension fund for
a number of other purposes. Other than the recommendation to place it in the
undesignated account, the next highest priority was to place a portion in the
medical benefits fund to start building that fund's level of reserves to a more
appropriate level.
The transfer of the funds to the undesignated reserve makes them available for
the purposes identified in the 1991 Budget or other uses that Council may
identify."
Bruce Lockhart, 2500 E. Harmony Road, questioned where the $1.3 million dollars
would be used. He asked Council to consider a tax reduction and stated he
opposed the Ordinance.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
' Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager Burkett reported �n the upcoming Clean Air Fair that will be held
at the Foothills Fashion Mall, October 13 and 14.
Councilmember Reports
Councilmember Maxey reported on the American Public Works Administration
Conference that he attended in St. Louis, Missouri.
Hearing and First Reading of Ordinance No. 116, 1990,
Amending Chapter 15, Article XV, Relating to Solid Waste Management
and Resource Recovery and Establishing Licensing Procedures
for Collecting, Transporting and Conveying.Solid Waste and
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
Staff proposes to spend $59,075 in 1991 for program administration, promotion,
and education. This includes $29,075 in the 1991 budget proposal for the Natural
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Resources Division and a $30,000 grant from the State of Colorado. A program
budget is attached.
EXECUTIVE SUMMARY
In response to City Council direction, an ordinance and proposed promotion and
education workplan have been prepared to implement a citywide curbside recycling
program. The proposed ordinance requires solid waste collectors to collect
recyclable materials from residential, multi -family, and commercial customers
as a condition of licensing. The ordinance sets minimum operating standards and
includes a phased -in implementation schedule.
BACKGROUND:
Council Direction
On March 20, 1990, City Council adopted Resolution 90-35 directing staff to
develop a citywide recycling program with the following elements:
1. Collection of recyclable items to be provided by each trash hauling
company as a condition of its license to operate in Fort Collins.
2. Service to single-family, mu7ti-family, commercial and industrial
customers on a voluntary subscription basis.
3. Necessary start-up costs to be funded by the City from the General Fund.
Recycling Ordinance Summary
The proposed Ordinance replaces Chapter 15 (Refuse Haulers) of the City Code.
The requirements of the proposed ordinance are summarized below:
Section 15-411. Definitions.
Section 15-412. License required. Generally the same as current requirements.
A provision is added to exempt certain entities from the
license requirement: civic or charitable organizations;
persons who haul their own solid waste or recyclable materials;
property owners transporting materials left by tenants; and
demolition, construction or landscape contractors.
Section 15-413. Recycling requirements.
A. Waste collectors must make recycling service available
to customers who want the service.
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B. Collection procedures for waste collectors:
o Cannot dispose of recyclables collected in curbside
recycling program by any other means than at a
recycling facility.
o Must make household containers available to customers
(may be bins, bags or other type container at the haulers
discretion).
o Collectors will set their own rules on preparation
of materials, collection method, and requirements for
source separation.
C. Frequency of collection: must provide at least monthly
service to residential customers; as often as necessary
to prevent overflowing of containers for multi -family
and commercial customers.
Section 15-414. Designation of recyclable materials.
In order to respond to evolving market conditions, the City
Manager, or his designee, will establish the minimum list of
recyclable materials on an annual basis. Such decision will
be based on criteria set by the ordinance and after
consultation with the Natural Resources Advisory Board,
representatives of the solid waste collectors, and Larimer
County.
At present staff anticipates the following recyclables will
be designated for collection: (1) Residential and multi-
family: aluminum, glass, newspaper, plastic, tin cans; (2)
Commercial: aluminum, corrugated cardboard, glass and high-
grade office paper.
Section 15-415. Application for license.
Current City requirements.
Section 15-416. License requirements - fees.
Current City requirements,($35.00 for first vehicle and $10.00
for additional vehicles).;,— Collectors will be required to
provide proof of insurance"..
Section 15-417. Term of license.
' Current City requirements (annual renewal).
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Section 15-418. Records and reports.
Solid waste collectors are required to submit a written
description of their recycling program with their license
application and whenever changes are made in the program.
Solid waste collectors are also required to report
biannually the amount of recyclable material collected and
participation rates. This information is considered
essential for program administration, education, and
promotion.
Section 15-419. Solid waste disposal/suspension of license.
Current City requirements.
Section 15-420. Identification of vehicles.
Current City requirements.
Section 15-421. Phasing.
The collection of recyclable materials for residential
customers shall commence on June 1, 1991; collection for
multi -family customers on December 1, 1991; and collection
for commercial customers on June 1, 1992.
The June 1, 1991 implementation date ensures that the curbside
recycling pr-gram is coordinated with the construction of the
county' facility and allows the waste collectors sufficient
time period to acquire new equipment and containers needed for
the program.
Program Implementation
The Natural Resources Division will assume responsibility for program
administration and enforcement and for implementing a comprehensive education
and promotion program. A work program for these activities is attached to the
Agenda Summary.
Major Issues and Alternatives Considered
Staff worked closely with the 'Natural Resources Advisory Board, individual solid
waste collectors, the Chamber' of Commerce Environmental Committee, the Sierra
Club and other interested parties in the development of the proposed ordinance
and work program. The major issues and alternatives. considered are briefly
summarized below:
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Issue: NEED PROVISION OF LOCAL RECYCLING PROCESSING FACILITIES. Haulers
identified this as their most critical concern.
Resolution: An IPC will be constructed at the landfill and open for business
in 1991.
Issue: CONTAINER ALLOWANCE. Council left open the possibility that the City
would support program start-up providing financial assistance for the purchase
of household recycling containers. Diverse opinions were expressed on this
issue. A majority of haulers preferred that the City not provide either
containers or a container allowance. Others felt that the City should provide
a container allowance either to the hauler or to participating citizens. The
Natural Resources Advisory Board did not see the need to provide a container
allowance.
Resolution: Assuming a container allowance of $4.00 per household, this option
would cost $140,000. Staff recommended against providing a container allowance
and did not include funds for this allowance in the budget proposal. This
recommendation was based on several factors: 1. The City Attorney advised
against a rebate or zero -interest loan to the haulers because this action would
risk violating Article V, Section 16 of the Charter which prohibits
appropriations for private purposes. 2. Each hauler will have different
container or bag program so it would be difficult to determine a "fair"
allowance. 3. A rebate of $4.00 or even $10.00 paid to the citizen was not
considered to be a meaningful incentive to participation. 4. Administration
of a program of direct rebates to citizens would require an additional 1.0 to
1.5 FTE simply to process the rebate applications.
Issue: PHASING PROGRAM. Because the recycling ordinance will require haulers
to add new programs to their businesses, they expressed the need to gradually
implement the ordinance. They wanted to start with residential households and
add in other customers in the future. They also wanted to phase -in recyclable
items for collection, preferring to start with the least risky materials
(aluminum and glass) and add in others only when strong markets exist.
Resolution: Implementation for the three customer classes (residential, multi-
family, and commercial) will be phased over an eighteen month period, beginning
with residential collection, followed by multi -family and commercial in six-
month increments.
With an IPC facility at the landfill, waste haulers will not have the
responsibility of finding markets unless they choose:to. A11 they must do is
collect the recyclable materials and transport them to'the IPC for processing.
Issue: MINIMUM VS. MAXIMUM STANDARDS. Because the ordinance establishes a
"free-market" recycling program, waste haulers urged that the program be very
' flexible to allow competitive forces to operate. At the same time, others urged
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that the program be highly structured along the lines of successful programs in
other communities.
Resolution: Staff attempted to balance the need for consistency within the
citywide program with the hauler's desire to structure programs to meet their
particular business needs. Minimum standards were set to assure a level of
program consistency: materials collected, provision of containers, and minimum
monthly service. At the same time, the ordinance allows considerable flexibility
with respect to collection frequency, type of container used, and source -
separation requirements.
Issue: MANDATE WOULD FALL UNEVENLY ON VARIOUS HAULERS. Smaller haulers
expressed concern that their costs would be disproportionately high.
Resolution: The waste haulers will not be prohibited from subcontracting with
other companies to provide the recycling collection service. Staff is providing
resource material upon request to help all collectors understand various
recycling programs.
Issue: COMMERCIAL COLLECTION REQUIREMENT. Several waste haulers expressed
their concern that the requirement for commercial collection is unnecessary
because industry trends will dictate the actions of the commercial sector. In
their view, the commercial sector is ahead of residential in recycling and need
not be included in the ordinance.
Resolution: The ordinance includes commercial recycling requirements according
to Council direction. The County estimates that 50 percent of the waste stream
comes from the commercial sector of the community and therefore should be part
of the citywide program. The ordinance will not interfere with existing
recycling programs of the commercial sector.
Issue: CITY MUST CONTINUE COMMITMENT TO PROMOTION AND EDUCATION.
Resolution: Staff is committed to providing the community with a wide variety
of waste reduction and recycling information. Staff is proposing an aggressive,
comprehensive citywide promotion and education workplan. The City applied for
and has been notified that a State Office of Energy Conservation grant request
of $30,000 will be funded.
Issue: INCENTIVES FOR PARTICIPATION. Several citizens, the County
Commissioners, the Sierra Club, and the Natural Resources Advisory Board
expressed concern that the subscription program provides disincentives for
participating in recycling. They would like to see waste haulers do away with
flat (no limit) rates for trash collection, and encourage households to recycle
by charging higher rates for trash disposal and lower rates for recycling.
Resolution: According to state statute, the City cannot regulate the rates '
charged by solid waste collectors. A partial resolution to this concern may be
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achieved by modifying the rates charged at the landfill and the proposed
Intermediate Processing Center. The County is evaluating alternatives to adjust
rates to encourage recycling programs.
Issue: WASTE OIL COLLECTION. The Natural Resources Advisory Board, Sierra
Club, and others expressed strong sentiment that waste oil should be included
among the materials required to be collected. The waste haulers strongly
expressed the opposite sentiment.
Resolution: The issue remains unresolved until the final list of recyclable
materials is designated. The Environmental Protection Agency is considering the
designation of waste oil as a hazardous material, which would place very strict
regulatory requirements on collection, transport, and storage. Staff recommends
that a final designation await the outcome of the EPA rulemaking process.
Issue: INCREASED TRUCK TRAFFIC. Several commenters expressed concern that the
program design will increase truck traffic over city streets and suggested that
a single hauler should provide recycling service.
Resolution: The single hauler option was not considered further since Council
set the program direction to require each licensed waste collector to offer
recycling services. The ordinance allows the flexibility to use a bag system
to separate recyclable materials from wastes, while still using a single truck
for collection. The County IPC will allow flexibility for this option to be
used.
Issue: SETTING COLLECTION FREQUENCY BY REGULATION. The Natural Resources
Advisory Board recommended that the draft ordinance be modified to allow the City
Manager to set requirements for residential collection frequency by regulation.
The Board felt that the monthly requirement was adequate and would allow
flexibility in the system, but believed that there should be flexibility to
change the requirement easily if needed.
Resolution: Although staff intends to monitor the program to determine if
changes in the requirements are needed, the recommendation was not included in
the proposed ordinance. Staff judged that any proposed modification in
collection frequency could have significant effects on the program design,
equipment needs, and costs of individual collectors. Based on this, it was felt
that proposed changes, if needed in the future, should be considered by Council
as amendments to the ordinance.
Natural Resources Advisory Board Recommendation
Staff worked closely with the Board on the*,proposed ordinance and program. At
a special meeting on September 19, the Board recommended adoption of the
ordinance and endorsed the staff work program and budget.
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The Board recommended that the ordinance be modified to allow the City Manager
the flexibility to increase the collection frequency for residential customers
from monthly to biweekly or weekly through regulation. Staff did not adopt this
recommendation, as previously noted.
The Board also recommended that Council continue to work closely with the County
on the design, fee structure, and operating guidelines for the IPC. Staff
continues to work closely with the County staff.
The Board also recommended that Council consider working with the County on a
joint program to modify state law to reduce existing barriers and encourage
incentives for recycling.
The NRAB recommendations are included in the briefing materials for information."
Natural Resources Administrator Tom Shoemaker, described the proposed Ordinance
in detail. He outlined the standards and requirements and discussed the phased
implementation schedule. He stated that the Natural Resources Advisory Board
strongly urged Council to support the Ordinance.
Councilmember Azari made a motion, seconded by Councilmember Winokur to adopt
Ordinance No. 116, 1990 on First Reading.
City Clerk Wanda Krajicek read the amendments to the Ordinance.
The amendments were accepted as friendly amendments to the motion.
City Attorney Roy responded to Councilmember Maxey's concerns regarding reporting
dates stating dates could be adjusted to allow wastehaulers adequate time to
complete reports.
Shoemaker clarified for Council that Natural Resources, in a joint effort with
the City Manager, will determine what will be recycled and collected.
Mayor Kirkpatrick spoke of the need for incentives in the recycling program.
Randy Garrison, Waste Management of Northern Colorado, stated he supported the
Ordinance but that he did not agree with the commercial phase -in planned for
1992.
Mike Douton, 3419 Colony Drive, Poudre Canyon Sierra Club Chairperson, supported
the Ordinance and stated that the plan should be implemented as soon as possible.
He spoke of the need for a container allowance for the customer to generate
greater participation.
Councilmember Edwards commended the trash haulers for their support and
cooperation in drafting of the Ordinance and stated he supported the motion.
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Mayor Kirkpatrick supported the motion. She said that within six months she
would like to see a Resolution defining goals and an improvement plan.
The vote on Councilmembers Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 90-141 Authorizing Purchase of the Meadow Springs
Ranch for future Sludge Management Programs. Adopted
"FINANCIAL IMPACT
Adoption of the Resolution would result in the City proceeding with purchase of
Meadow Springs Ranch, at an agreed upon purchase price of $1.950 million. Funds
for this purchase were originally appropriated as part of a $2.50 million sludge
disposal capital improvements package in the approved 1989 Wastewater Capital
budget.
EXECUTIVE SUMMARY
Beginning in 1989, staff, with assistance and guidance from the Water Board,
' began a detailed in-house review of long range sludge management issues. That
assessment led to completion of a report entitled Long Range Sludge Disposal
Options. Copies of the report have been previously sent to Council.
The report analyzed several potential sludge disposal options including land
disposal (i.e., iandfilling), beneficial use (current method utilized),
incineration, and privatization. The options were evaluated based on
environmental, economic, and regulatory impacts. The regulatory analysis took
into account new proposed federal sludge .regulations, which are scheduled to
become effective October, 1991. The report recommends a gradual transition from
the existing base of operations at the Resource Recovery Farm, to a new base at
a remote rangeland site. The transition is anticipated to occur over a ten year
period. At the site, sludge would be applied at a low rate in order to meet crop
uptake requirements as a fertilizer for range land grasses. The enhanced growth
of native grasses would be used to improve the soil and grazing conditions on
the property. Barring unanticipated regulatory restrictions, the site would
continue to operate as a cattle grazing operation. These recommendations were
unanimously supported by the Water Board in August, 1989.
Since that time, staff evaluated several potential sites before selecting Meadow
Springs Grazing Association for further review. The ranch has several unique
advantages for the proposed sludge management program including remoteness (25
miles north of Fort Collins in a rural ranching area), good access (adjacent. to
I.H. 25, with direct access via two interchanges), rail access (Burlington
Northern), a paved U.S. highway deeded back to private ownership, and adequate
. site life (minimum 50-55 years under current proposed E.P.A. regulations). The
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ranch consists of 18,130 deeded acres, 7,550 acres of land leased from the State
of Colorado, and a ranch headquarters. It is crossfenced into 17 different
pastures, each with its own supply of water for grazing cattle.
Staff has negotiated a purchase price of $1,950,000 (f107.55 per deeded acre),
and purchased a 90 day option which expires on October 13, 1990. RBD Engineers
of Fort Collins has been retained to complete an environmental audit. The
consultant has been directed by staff to concentrate on the issue of potential
water quality degradation on the site. The issue has been raised by the Northern
Colorado Water Association, which provides drinking water to approximately 750
domestic customers, and Three Peaks Water, Inc., a private company which has
expressed interest in bottling water for sale to the public. These companies
own water rights and several wells on private land surrounded by Meadow Springs
Ranch. The environmental audit has determined that a properly operated sludge
management program on Meadow Springs Ranch should easily meet all current and
proposed state and federal regulations, and pose no undue risk of water quality
degradation. Copies of the environmental audit have been provided to the two
water companies, and are available upon request. As an added precaution, staff
has reviewed the site and proposed program with representatives of the Colorado
Department of Health, and the U.S. Environmental Protection Agency. They have
endorsed the concept, and agree that the above mentioned water quality concerns
can be avoided by use of a properly designed and managed program. Letters
outlining their positions on the proposal are attached. They have accepted an
invitation to attend the Council meeting and address any specific regulatory
questions Council may have.
Should Council approve purchase of Meadow Springs Ranch, staff will initiate a
Request for Proposals from qualified environmental engineering firms to perform
the planning and engineering necessary to finalize the specific operating plan
for the site. This secondary phase would also involve research studies such as
test plots; soil, forage and groundwater analyses, etc, in order to establish
base line conditions. At present, it is anticipated that only a portion of the
available land would be fertilized with sludge each year.
A map outlining the boundaries of the proposed purchase is attached. In
addition, staff has prepared and attached a list of questions staff has
encountered on this specific issue, as well as related general sludge management
issues. Responses to these questions are included."
Utilities Director Richard Shannon, gave a brief description of the sludge
management program.
Wastewater Treatment Manager Tom Gall ier, reported on the research that has been
conducted and concluded the' sludge application program would not cause problems
with degrading the rangeland, stating the program is environmentally safe.
Gallier informed Council that the Grazing Association would not agree to extend
the Option Agreement for the purchase of the landiand should the option lapse,
negotiations would resume with the risk that the purchasing price would increase. '
303
' October 2, 1990
He outlined the sequence of events that would occur before the sludge would be
applied. He said that it would be a least three years before the sludge
relocation to the rangeland would be complete. Gallier stated that Larimer
County has an excellent sludge management program and received an award for the
best sludge management program within the EPA's six state operational area.
John Whitman, President of the Fort Collins Soil Conservation District, spoke
of his concern regarding contamination of wildlife and vegetation from the sewage
sludge program. He opposed the Resolution.
William Fischer, representative of the Northern Colorado Water Association, spoke
in opposition to the Resolution. He expressed his concern that water wells
located on the property would be contaminated from the sludge.
David Lowsley, Special Consultant Northern Colorado Water Association stated that
he opposed the Resolution.
Dell Black, residing 20 miles North of Fort Collins, asked Council to investigate
other alternatives for the sludge disposal.
Alan Stormo, President Three Peaks Water Company, strongly opposed the Resolution
stating that he believed the water will be contaminated which would ultimately
' result in closing his business.
Bill Solomon, owner and operator of Triple S Laboratories residing at 6700 E.
Larimer County Road 92, stated that the soil should be monitored rather than the
water. He stated that other options should be sought.
Councilmember Maxey made a mot'on, seconded by Councilmember Edwards, to adopt
Resolution 90-141.
Gallier stated that monitoring the soil should be the controlling point rather
than the groundwater. He spoke of the options for incineration, a trenching
concept and the potential at Rawhide.
Bob Brobst, U.S. E.P.A. Region VIII Sludge Coordinator, said currently the
federal government has guidelines relating only to distances of wells and depth
to groundwater. He added that the closest application site to domestic wells
is approximately 1/4 of a mile.
Gordon McCurdy, hydrogeologist, described the aquifers located under the
rangeland.
Councilmember Azari said that although the program follows EPA guidelines, the
guidelines are constantly changing and the'risk of contamination is too great.
' Councilmember Edwards expressed concern abdut the risks involved and suggested
that other alternatives be further investigated. He opposed the Resolution.
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October 2, 1990
1
Councilmember Horak spoke in support of the land purchase as an asset to the
City but stated he would not support use of the land for a sludge management
program until further research is completed. He supported the Resolution only
in the purchase of the land.
Councilmember Winokur stated he supported the Resolution. He stated that his
support of the Resolution was not a vote to proceed with the sludge program and
agreed more research needs to be done.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmembers Azari and
Edwards.
THE MOTION CARRIED.
Resolution 90-142 Making Findings of Fact Regarding
the Appeal of the Planning and Zoning Board's Approval
of the Rohrbacker PUD, Preliminary Plan, and Upholding
the Decision of the Board. Approved
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
On July 23, 1990 the Planning and Zoning Board approved the Rohrbacker PUD,
Preliminary Plan on a 3-2 vote, with conditions. On August 6, 1990, an appeal
of that final decision was made by Bill Wyatt as attorney for the appellants,
Thomas and Charlene Bassett, Richard DeCook, Harold S. Fisher, Ron Bauer, John
Jervis, David P. Janssen, Marion T. Allen, Jr., David G. Joyce, Hayden H.
Standiferd, John R. Valerius, Glen Tucker, Ross Rinker and Vern W. West.
On September 18, 1990, Council voted 4-1 to uphold the Planning and Zoning
Board's approval of the Rohrbacker PUD Preliminary Plan. In order to complete
the record regarding this appeal, Council should adopt a Resolution making
findings of fact and finalizing its decision.
BACKGROUND:
The appellants filed the appeal on the following grounds:
1. The Board abused its discretion, i& t/iat its decision was arbitrary
and without the support of competent"'evidence in"the record.
2. The Board substantially ignored its previously established rules of
procedure.
305
I
October 2, 1990
3. The Board considered evidence relevant to its findings which was
substantially false or grossly misleading."
Councilmember Mabry withdrew from the discussion due to a perceived conflict of
interest.
Councilmember Winokur withdrew from the discussion since he did not attend the
meeting when the appeal was heard.
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Resolution 90-142.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick and Maxey. Nays: Councilmember Horak.
(Councilmembers Mabry and Winokur withdrawn)
THE MOTION CARRIED.
Resolution 90-143 Appointing Voting and Alternate
Voting Delegates to the National League of Cities Adopted
"EXECUTIVE SUMMARY
Fort Collins is
a direct member city
of the INational League of
Cities and, based
on a population
formula, is entitled
to have one voting and one alternate voting
delegate at the
Annual Congress of
Cities business meeting
on December 5 in
Houston, Texas.
To be eligible to cast the City's vote, the
delegates must be
formally designated by the City. The Resolution appoints one voting delegate
and one alternate voting delegate as the City's representatives."
Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt
Resolution 90-143 inserting Councilmember Maxey as the voting delegate and
Councilmember Edwards as the alternate.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
City Manager Steve Burkett gave a brief summary and overview of all budget
related items.
Hearing and First Reading of Ordinance No.'111, 1990,
Amending Sections 26-512(3) and 26-514(3) of the Code
of the City of Fort Collins Relating to the Determination
of Storm Drainage Fees, Adopted
306
October 2, 1990
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
The City-wide storm drainage operations and maintenance fee wi11 increase 5% from
$1.18 to $1.24 per month for the typical single family residence. The increase
in fee is needed to fund an expansion of activities in the area of stormwater
quality.
Storm Drainage basin monthly capital fees will increase from OY in three basins
to 17Y in one basin, or a maximum of $0.29 per month. These fees are used to
design and construct capital projects and to pay the debt service on the 1988
Stormwater Utility bond issue.
EXECUTIVE SUMMARY
The following table is a comparison of the monthly fees for 1990 and the proposed
monthly fees for 1991 for the typical single family residence, which is a 6,000
square foot lot with 40Y impervious surface.
1990
1991
0&M
$1.18
$1.24
BASIN MONTHLY CAPITAL:
Foothills Basin
$1.26
$1.45
Fox Meadows Basin
1.95
2.24
McClelland/Mail Creek Basin
2.50
2.50
Spring Creek Basin
1.14
1.33
Canal Importation Basin
1.89
2.17
Dry Creek Basin
1.03
1.19
West Vine Basin
1.22
1.40
Evergreen/Greenbriar Basin
2.50
2.50
Fossil Creek
2.50
2.50
There are two proposed 7Y increases to basin new development fees in 1991 in
order to ensure that development is paying its fair share and to cover higher
costs of right-of-way and capital project construction. The base rate for the
Spring Creek Basin is proposed to increase from $1,505 per acre to $1,610 and
McClelland/Mail Creek Basin from $3,021 per acre to $3,232.
The following is the basin new development fee.per- acre for 1990 and 1991:
Foothills Basin
Fox Meadows Basin
McC1e11and/Mail Creek Basin
307
1990 1991
$5,024
4,253
3,021
$5,024
4,253
3,232
11
' October 2, 1990
Spring Creek Basin 1,505 1,610
Canal Importation Basin 5,375 5,375
Dry Creek Basin 4,043 4,043
West Vine Basin 7,004 7,004
Evergreen/Greenbriar Basin 10,000 10,000
Fossil Creek Basin 2,274 2,274
The Storm Drainage Board has reviewed the recommended 1991 Budget and the
recommended fees and recommends adoption of both the budget and the fee
structure."
Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 111, 1990.
Manager of Storm Drainage Utility Bob Smith, briefly highlighted some of the
specifics of the Ordinance.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Hearing and First Reading of Ordinance No. 112, 1990,
Amending Chapter 26 of the Code Relating to Rates for
the Water and Wastewater Utility, Adopted
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
The proposed ordinance increases the overall water rates by 5.07Y and the overall
wastewater rates by 9.48% for 1991.
EXECUTIVE SUMMARY
The recommended 1991 budget, as presented, includes a total overall rate increase
of 5.07Y in monthly water fees. Approximately 2.0% of the overall increase is
for financing the purchase of additional raw water which Council approved in
December, 1988 and the other 3.07Y is for increased operation and maintenance
costs. The overall rate increase results from a 6.OY increase in unmetered water
fees, and a 4.0% increase in metered water fees. These increases are based upon
the Utility's cost -of -service study for these categories of users.
In January, 1990, unmetered water fees increased 11'.OY' The proposed increase
in unmetered water fees wili raise the monthly :water bill for a typical single
family customer by $1.32 (from $22.00 to $23.32J.
1 308
October 2, 1990 '
The recommended 1991 budget also includes an overall rate increase of 9.48Y in
monthly wastewater fees. This overall rate increase results from an 8.6OY
increase in flat rate wastewater fees, and an 11.6OY increase in wastewater fees
based upon metered water use. These increases are based upon the Utility's cost -
of -service study.
The last adjustment to wastewater service fees was on January 1, 1990, when an
overall increase of 6.0Y was adopted. The proposed increase in flat rate
wastewater fees will raise the monthly wastewater bill for a typical single
family customer by $1.O1 (from $11.77 to $12.78)."
Water and Sewer Director Mike Smith, reviewed the increases in the proposed water
and wastewater rates for 1991. He stated that 5% of the revenues received would
continue to be placed in the General Fund.
Councilmember Maxey questioned the fee structure.
Smith stated that there would be a base rate for service as well as a fee for
water used.
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 112, 1990 on First Reading.
The vote on Councilmember Edward's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Hearing and First Reading of Ordinance No. 113, 1990,
Being the Annual Appropriation Ordinance Relating to
the Annual Appropriations for the Fiscal Year Beginning
January 1, 1991, and Ending December 31, 1991, and Levying
the Property Tax for Said Fiscal Year. Adopted as Amended
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
This Ordinance appropriates the total City Budget for 1991 in the amount of
$2O5,O84,669. It also sets the City mill levy at 8.797 mills which will generate
$5.4 million in prope,-ty tax revenues. Sales and use tax revenues are projected
at a 4% growth and will generate a total of 526.9 million.
EXECUTIVE SUMMARY
This Ordinance appropriates the 190* Annual Budget and Sets the Mill Levy at
8.797 mills."
309 '
I
October 2, 1990
Budget and Research Director Doug Smith, described the proposed Ordinance.
Councilmember Maxey made a motion, seconded by Councilmember Mabry to adopt
Ordinance No. 113, 1990, on First Reading.
Councilmember Horak made a motion, seconded by Councilmember Azari, to amend
Ordinance 113, 1990, increasing funding for the library to implement the first
level of the library plan by adding $49,267 from Undesignated Reserves Fund and
$49,826 from the $190,000 in the General Fund.
Councilmember Mabry disagreed with allocating money from the Undesignated Reserve
Fund due to the economic environment. He felt the money should come from the
General Fund and did not support the amendment.
Councilmember Edwards stated he would like to see an excess of reserves over
expenditures and stated a one time amount of $49,267 is reasonable. He supported
the amendment.
Councilmember Maxey pointed out that in past years
unknown expenditures
have
occurred and stated funds should be available in the
Undesignated Reserve
Fund
for such occurrences. He opposed the amendment.
'
Mayor Kirkpatrick responded to comments regarding the
by stating the City is not a making
Undesignated Reserve
the funds
Fund
profit organization
and are
to be
used to provide services to the City. She supported
the amendment.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick and Winokur. Nays: Councilmembers Mabry
and Maxey.
THE MOTION CARRIED.
Councilmember Azari made a motion, seconded by Councilmember Horak, to amend the
budget to provide funding for the Transportation Development Plan with $154,000
to come from the Undesignated Reserve Fund with an on -going expense of $126,000
from the general fund.
Bruce Lockhart, 2500 E. Harmony Road, opposed the amendment.
City Manager Burkett stated the City will allocate money to increase the level
of service and noted he anticipates working with the University to gain its
support for increases in ridership that will generate revenues to support the
increases in service.
Councilmember Horak proposed that a reser4v policy be developed and stated he
supported the amendment.
310
October 2, 1990 '
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember
Mabry.
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by Councilmember Horak, to amend
the Ordinance by transferring $500,000 to Natural Areas (wetlands and sensitive
lands) from the beginning cash balance into the Capital Conservation Trust Fund.
Councilmember Winokur stated the money set aside would target sensitive natural
areas which may not be able to be protected solely by zoning and land use
regulations.
Tim Johnson, representing the Natural Resources Advisory Board, spoke in support
of the amendment.
Mayor Kirkpatrick said the $500,000 amount was too high. She opposed the
amendment.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Horak and Winokur. Nays: Councilmembers Edward, Kirkpatrick, Mabry and
Maxey.
THE MOTION FAILED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to set aside
$200,000 for Natural Areas (wetlands and sensitive lands) from the beginning cash
balance into the Capital Conservation Trust Fund.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember
Mabry.
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Azari, amending the
Ordinance transferring $200,000 from the beginning cash balance into the Fund
for Historical Preservation.
Rheba Massey, Chairperson of the Landmark Preservation Commission, 1400 Freedom
Lane, urged Council to support the amendment.
Bud Fricke, member of the .Landmark Preservation Commission, stated that it was
important to preserve the;h'i'story of Fort Collins. He supported the motion.
Prescott Hanly, 4524 Skyline Drive, spoke in support of the amendment.
311
I
October 2, 1990
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: Councilmembers Horak and
Mabry.
THE MOTION CARRIED.
Councilmember Winokur requested further information on the replacement of the
recreation registration computer system.
ICS Director Marsiea Dahlgren, stated currently there is much manual work done
due to inadequacies of the current system.
Recreation Manager Jean Helburg, said that a new system would increase the
efficiency in registration as well as generating various reports.
Councilmember Winokur made a motion, seconded by Councilmember Azari, to fund
the City Manager's recommendation to replace the recreation registration computer
system.
Dahlgren stated the Sperry Migration Project will save the City $70,000 per year
that is currently spent on maintenance contracts.
' Director of Administrative Services Pete Dallow, spoke of the benefits in
replacing the system.
Councilmember Azari made a motion, seconded by Mayor Kirkpatrick, amending the
Resolution to include the $200,000 conversion replacement for the
Library/Election System for a total amendment of $350,000.
Library Director Jane Davis, stated there is a need to upgrade the current
computer system.
Bruce Lockhart, 2500 E. Harmony Road, said it would be a matter of time before
the VAX system would be overloaded there would be a need to replace it. He
opposed the amendment.
The vote on Councilmember Azari's amendment was as follows: Yeas: Councilmembers
Azari and Winokur. Nays: Councilmembers Edwards, Horak, Kirkpatrick, Mabry and
Maxey.
THE MOTION FAILED.
Councilmember Winokur noted that repl'atment of-: the recreation registration
computer system would be a benefit to the`.citizens:and he supported his original
amendment.
312
October 2, 1990 '
The vote on Councilmember Winokur's amendment was as follows: Yeas:
Councilmembers Kirkpatrick and Winokur. Nays: Councilmember Azari, Edwards,
Horak, Mabry and Maxey.
THE MOTION FAILED.
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to increase
revenue shortfall reserves from 6% to 10% of revenues.
Councilmember Mabry stated that due to current economic conditions he did not
believe 6% would be an adequate reserve.
City Manager Burkett, clarified the City has a higher level of undesignated
reserves than the national and statewide levels.
Finance Director Alan Krcmarik, stated that the increase of reserves would only
pertain to the General Fund.
The vote on Councilmember Mabry's amendment was as follows: Councilmembers Mabry
and Maxey. Nays: Councilmembers Azari, Edwards, Horak, Kirkpatrick and Winokur.
THE MOTION FAILED.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to increase
the funding allocation to Activities Youth Center by an additional $20,000 for
a total of $60,000.
Jep Enk, representing the Activities Youth Center, spoke of the programs offered
through the AYC and of the growth of the Center. He urged Council to support
the amendment.
Councilmember Azari stated she would not support the amendment, adding that
there was not sufficient time to review the requested increase and that it was
handled inappropriately.
The vote on Councilmember Maxey's amendment was as follows: Yeas: Councilmembers
Edwards, Kirkpatrick, Mabry and Winokur. Nays: Councilmembers Azari, Horak and
Mabry.
THE MOTION CARRIED.
Councilmember Horak made a motion,,seconded by Councilmember Edwards, to delete
the Chamber of Commerce dues of $2,000.
Bruce Lockhart, 2500 E. Harmony Road', supported the amendment.
Mike Hauser, Executive Vice President Fort Collins Chamber, explained the I
Chambers focus and priorities. He encouraged the Council to continue its
membership.
313
October 2, 1990
Councilmember Edwards stated that the taxpayers do not benefit from the City's
membership with the Chamber.
Mayor Kirkpatrick spoke in support of the Chamber membership and opposed the
amendment.
The vote on Councilmember Horak's amendment was as follows: Yeas: Councilmembers
Edwards and Horak. Nays: Councilmembers Azari, Kirkpatrick, Mabry, Maxey and
Winokur.
THE MOTION FAILED.
Mayor Kirkpatrick made a motion, seconded by Councilmember Maxey, to amend the
Ordinance to add $75,000 for asphalt renovation in parking lots and trails.
City Manager Steve Burkett stated that not enough money is being put into the
maintenance budget for the upkeep of asphalt for trails and parking lots.
Jean Helberg stated that the money in the Conservation Trust Fund is primarily
used for the expansion of the current trail system. She stated the $75,000 was
for street renovation in parks as well as trail maintenance.
' The vote on Mayor Kirkpatrick's amendment was as follows: Yeas: Councilmember
Maxey. Nays: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry and
Winokur.
THE MOTION FAILED.
Councilmember Mabry made a motion, seconded by Councilmember Horak, to delete
the $50,000 from the 1990 budget, and $95,000 from the 1991 budget that was
allocated for the Council Chamber remodel.
Councilmember Winokur opposed the amendment and stated the expenditure was not
for the benefit of Council but for the citizen's local government.
City Manager Burkett informed Council the $50,000 from the 1990 budget has
already been obligated for the sound system.
Director of Administrative Service Pete Dail'ow state d,money had been shifted and
reallocated because of the high priority in fixing the sound system. He stated
the bid process is underway.
Mayor Kirkpatrick said that she would support the $95,000 decrease in the 1991
budget, but stated she did not support the $50,000 decrease for 1990.
' The original motion was amended with the concurrence of the second to reflect
that $95,000 allocated for the Chamber remodel project should be deleted from
the 1991 budget.
314
October 2, 1990
The vote on Councilmember Mabry's motion as amended was as follows: Yeas:
Councilmembers Edwards, Horak, Kirkpatrick, Mabry and Maxey. Nays:
Councilmembers Azari and Winokur.
THE MOTION CARRIED.
Mayor Kirkpatrick made a motion, seconded by Councilmember Horak, to increase
the appropriation for the Fort Collins/Loveland Airport by $45,O0O.
Councilmember Maxey withdrew from the discussion due to a perceived conflict of
interest.
Mayor Kirkpatrick stated that the $45,0OO is in addition to the debt service
obligations for the Airport.
The vote on Mayor Kirkpatrick's amendment was as follows: Yeas: Councilmember
Azari, Edwards, Kirkpatrick and Mabry. Nays: Councilmembers Winokur and Horak.
(Councilmember Maxey withdrawn)
THE MOTION CARRIED.
Robert Thompson, 105 S. Whitcomb, representing New Bridges, extended an
invitation to Councilmembers to visit New Bridges.
Dr. Patricia Olson spoke in support of the Fort Collins Youth Commission proposal
and outlined the difficulties youths face in securing employment regardless of
their social and/or economic backgrounds.
Beryl McGraw, 749 Sandpiper Place, supported Dr. Olson's proposal.
Mayor Kirkpatrick expressed her support and pointed out that at this time she
did not feel the concept was clear enough to provide specific funding in the
budget cycle.
Councilmember Horak spoke in support of the concept.
The vote on Councilmember Maxey's original motion was as follows: Yeas:
Councilmembers Azari, Edwards, Horak, Kirkpatri'ck, Mabry; Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Resolution 90-138 Adopting the 1991 Budget
for the City of Fort Collins
and Fixing the Mill Levy, Consideration Postponed
Following is staff's memorandum on this item:
315 1
October 2, 1990
"FINANCIAL IMPACT
This Resolution adopts the total City Budget for 1991 in the amount of
$205,084,669. It also sets the City mill levy at 8.797 mills which will generate
$5.4 million. Sales and Use Tax revenues are projected to generate a total of
$26.9 million.
EXECUTIVE SUMMARY
This Resolution adopts the 1991 Budget for the City of Fort Collins and sets the
mill levy as follows:
General Fund 0 & M..................................1.427 mills
Parks'O & M......................................... .965 mills
Poudre Fire Authority Contribution ..................4.984 mills
Fire Pension Fund (Gen. Fund Unfunded Liab.)........ .139 mills
(PFA Employer Contrib.)........... .175 mills
Parks Debt Service..................................1.107 mills
TOTAL 8.797 mills
BACKGROUND:
Changes from the 1991 Recommended Budget are as follows:
Water Fund - $260.000
An additional $200,000 was added for the new, state mandated, metering
program plus an additional $60,000 was added for a contractual Lab Tech.
position and equipment."
Councilmember Mabry made a Motion, seconded by Councilmember Azari, to postpone
consideration of Resolution 90-138 until October 16.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
Resolution 90-139 Adopting a Revenue Allocation
Formula to Define the City's Contribution to the
Poudre Fire Authority Budget for the Year 1991, Adopted
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
Adoption of this resolution will continue the -Revenue Allocation Formula (RAF)
in existence since 1983. The RAF wi77'provide a contribution to the Poudre Fire
' Authority of $6,019,152 in 1991. In 1990, the contribution totalled $5,621,258.
316
October 2, 1990
EXECUTIVE SUMMARY
In December 1981, the Council entered into an agreement with the Poudre Valley
Fire Protection District, creating the Poudre Fire Authority.
According to the Intergovernmental Agreement between the City of Fort Collins
and the Poudre Valley Fire Protection District, the City will contribute funding
For maintenance and operating costs, and equipment replacement needs to the
Authority based on a "Revenue Allocation Formula". The Revenue Allocation
Formula is to be set annually based upon a percentage of sales and use tax
revenues (excluding dedicated sales and use tax revenues that must be spent on
specific projects) and a portion of the operating mill levy of the City's
property taxes.
With the adoption of this resolution, the City will contribute to Poudre Fire
Authority in 1991 a sum equal to .303 of one cent of the 2.25 cent Sales and Use
tax applicable to all taxable sales and uses plus 5.159 mills of the existing
operating property tax levy. The proposed contribution to Poudre Fire Authority
of $6,019,152 will adequately meet the proposed 1991 expenditures as detailed
in their Master Plan."
Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt
Resolution 90-139.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember
Horak.
THE MOTION CARRIED.
Items Relating to the 1991 Downtown Development Authority Budget.
"FINANCIAL IMPACT
These items would set the Downtown Development Authority mill levy at 3.86 mills
and adopt a DDA Budget of $213,992. In addition, payment of debt service of
$1,228,900 from the tax increment fund would be authorized.
Resolution 90-140 Approving the 1991 Downtown Development Authority Budget.
The proposed•1991 DDA Budget of $213,992, approved by the DDA Board of Directors
at its regular meeting of August 2, 1990, would maintain the present staffing
level. No capital expenditures are anticipated. The Board has placed the
budgeted year and excess in contingency."
317
October 2, 1990
B. Hearing and First Reading of Ordinance No. 114, 1990, Setting the Mill
Levy for the Downtown Development Authority for 1991 and Appropriating
the Annual Expenditures for 1991.
This Ordinance sets the 1991 mill levy for the ODA at 3.86 and appropriates
expenditures for 1991.
C. Hearing and First Reading of Ordinance No. 115, 1990, Appropriating Revenue
in the Downtown Development Authority Fund for Payment of Debt Service for
the Year 1991.
This Ordinance appropriates funds for the Payment of Downtown Development
Authority debt service for 1991.
BACKGROUND
On May 17, 1988, Council adopted Ordinance No. 95, 1987 authorizing the issuance
of tax increment bonds, pledging tax increment revenues to debt retirement, and
requiring payment toward that debt retirement on a scheduled basis over the life
of the bonds. The Charter requires that all funds which pass through City
accounts be appropriated by Council. The tax increment revenue to be
appropriated flows directly into the debt service account."
' Councilmember Azari made a motion, seconded by Councilmember Mabry, to adopt
Resolution 90-140.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 114, 1990, on First Reading.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 115, 1990, on First Reading.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
1 318
October 2, 1990
Other Business
Councilmember Mabry asked for a two page report dealing with the advisability
and the pros and cons of having any multiple year master plan contain an analysis
of the cost to implement the plan over a multiple year period of time.
Additionally, he asked about the advisability of having such plans include a
statement that when the plan is adopted, the City is committed to providing
funding for the first year of implementation of the master plan.
Mayor Kirkpatrick stated that Judd Harper from the Office of Vice -President for
Research at CSU, has asked for individual Council support along with a letter
of support for a proposed high altitude emission research and test center.
Councilmember Horak made a motion, seconded by Councilmember Maxey, to send the
suggested letter of support as proposed.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry and Maxey. Councilmember Winokur
abstained.
THE MOTION CARRIED.
AdJournment
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adjourn
the meeting until 6:15 p.m. on Tuesday, October 9, 1990, to consider adjourning
into Executive Session to discuss legal matters. Yeas: Councilmembers Azari,
Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 1:00 a.m.
ATTEST:
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319
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Mayor