HomeMy WebLinkAboutMINUTES-11/17/1987-RegularNovember 17, 1987
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, November 17, 1987, 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: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur.
Staff Members Present: Burkett, Huisjen, Krajicek
Citizen Participation
A. Mayor Estrada read a letter of commendation for Police Chief Bruce
Glasscock and the officers of the Fort Collins Police Department for
their work over the last nine months on the Linda Holt homicide case.
B. Presentation of Certificate for Outstanding Achievement for. 1987
American Cemetery Association National Scholastic Essay Contest.
Mayor Estrada read the Certificate for Outstanding Achievement for the
1987 American Cemetery Association National Scholastic Essay Contest.
He presented the certificate to Melissa Dee Whitham, a student a Rocky
Mountain High School.
C. Proclamation naming November 17-23 as Justice for All Week was accepted
by Betty Mosley, representing the Interfaith Council and Colorado
Council of Churches, and Sister Mercedes Malloy, St. Elizabeth Seaton
Church.
D. Proclamation naming November 19 as Great American Smokeout Day was
accepted by a representative of the Larimer County unit of the American
Cancer Society.
E. Proclamation naming November 15-21 as Arts Week '87 was accepted by Jim
Foster, a local artist.
Sam Blanco, 1219 Fairview Drive, member of the Human Relations Commission,
commented on the Equal Employment Opportunity/Affirmative Action Plan
adopted by the Council on November 3 and the City's employment practices.
Jim Creeden,.local resident, spoke about. the- Mayor's guest opinion which
appeared in the November 15 Coloradoan.
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November 17, 1987
Jack Richardson, 2912 Eagle Drive, asked when the Transportation Utility '
Fees -collected would be refunded. He objected to several items approved in
the 1988 Budget.
Agenda Review: City Manager
City Manager Burkett stated Item #13, Hearing and First Reading of
Ordinance No. 186, 1987, Adopting the Cooper Slough Basin Master
Drainageway Implementation Plan and Establishing Storm Drainage Fees for
the Cooper Slough Basin, was withdrawn by staff. He stated there were
amendments to Item #22, Items Relating to the Centre for Advanced
Technology Special Improvement District No. 90, and Item #23, Hearing and
First Reading of Ordinance No. 180, 1987, Amending the Code of the City
Regarding the Burning of Solid Fuel in the City. He noted there was an
item of Other Business relating to the City's mill levy.
Jim Creeden, local resident, withdrew Item #8, Second Reading of Ordinance
No. 181, 1987, Appropriating Prior Year Reserves in the General Fund for
Transfer to the Capital Projects Fund for the Relocation and Renovation
Project, and Item #15, Resolution 87-163 Making Appointments to the
Economic Opportunity Advisory Committee, from the Consent Agenda.
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 be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Items #17 and #25, Pulled Consent Items, except items pulled
by anyone in the audience or items that any member of the audience is
present to discuss that were pulled by staff or Council. These items will
be discussed immediately following the Consent Calendar.
RE
Consider approval of the minutes of the regular meeting of November 3
Several funds require supplemental appropriations for 1987
expenditures. This Ordinance, which was unanimously adopted on First
Reading on November 3, makes the necessary appropriations and
transfers. As a result of these transfers the General Fund Prior Year
Reserves will be'decreased by $307,123.
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November 17, 1987
I
7. Second Reading of Ordinance No 179 1987 Amending Ordinance No 24
1986 Concerning the Date of First Installments of Assessments on
Leman/Harmony SID 78, Phase II
Staff recently discovered that the assessing ordinance for SID #78,
Phase II had been adopted and recorded without the insertion of a date
upon which installment payments for assessments were to begin. This
ordinance, which was unanimously adopted on First Reading on November
3, corrects that error and provides for the installments to begin on
January 1, 1988.
At the April 28, 1987 Council worksession, staff discussed the issue
of space needs and the possible solutions. Following extensive
research, staff is recommending that the City lease the building at
281 North College for the relocation of Development Services and Parks
and Recreation, and renovation of the Downtown Community Center for
senior services.
In 1988, the Tolivers Building will need minimal renovation for the
Building Maintenance Division, general storage, and Museum storage.
City Hall East and City Hall West will be renovated to accommodate the
' space needs of City Manager, City Clerk, City Attorney, Employee
Development, ICS, Finance Administration, Budget & Research,
Accounting, and Police. This Ordinance, which was unanimously adopted
on First Reading on November 3, appropriates the funds for the
relocations and renovations.
a
10.
This ordinance amends the RC, River Corridor Zoning District to allow
repair and storage facilities in conjunction with public utility
installations (which are already permitted in the RC Zone). This
amendment is initiated by the Planning staff to broaden the
application of the zone so that there is not a conflict between the
zone specifications and uses traditionally and customarily associated
with permitted principal uses. In short, this amendment is a
housekeeping measure. Proper site design, access, and buffering of
repair and storage areas associated with utility installations will be
a requirement by administrative review of new proposals.
This is a request to amend certain sections of Chapter 29 of the City
Code. Two changes concern the home occupation ordinance. The purpose
of the changes would be to provide a' -mechanism to allow the City to
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November 17, 1987
fell
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better assure that home occupations are in compliance with the Code by
requiring periodic license renewal. It would also add group homes to
the list of uses which are not allowed to be conducted as a home
occupation. Additional changes would modify several aspects of the
Code dealing with group homes for the purpose of providing more
specific review criteria for the Planning and Zoning Board, while
other changes would clarify existing regulations and add needed
definitions and requirements which will make the ordinance more
effective.
These proposed changes reflect the consensus of opinion of the
Planning and Zoning Board as expressed to staff at a special
worksession held on September 2. The changes were also presented at
an informal public forum which was held on September 3 and reflect
some modifications in wording as a result of feedback from this public
forum. The changes were then unanimously adopted by the PR Board on
November 2. Staff feels that the present group home ordinance has
worked satisfactorily and does not view these amendments as a
substantial rewrite of the current Code.
The City solicited lease/purchase financing proposals from
approximately 12 firms. The bids were opened at 10:00 A.M. on 1
November 10th. The lowest net effective interest rate was received
from Maryland National Leasing Corporation of Towson, Maryland. Money
for the 1988 lease/purchase payments was budgeted when the 1988 Budget
was adopted in October, 1987.
The proposed Ordinance amends Section 11-1 of the Model Traffic Code
to prohibit the stopping, standing or parking of a vehicle within
thirty (30) feet of an intersection in order to improve visibility at
intersections. Section 19-9 of the Model Traffic Code is being
deleted due to the changes in the State law regarding certification of
emissions control. Section 20-13 is amended to apply to motor -driven
cycles as well as motorcycles.
Approval of this Ordinance will set the fees for the Cooper Slough
Basin. Annexations are expected to occur in this area over the next
several years and the fee system would be in place to fund
improvements associated with existing flooding problems and future
needs.
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November 17, 1987
14.
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The Resolution would authorize the City Manager to enter into a
professional services agreement with Montgomery Engineers for the site
selection, design, and part-time construction management services for
the Septage Transfer Station. Construction of the transfer station
will allow Larimer County to close the County landfill to septage
wastes in order to protect ground water and provide for the City to
treat those wastes.
Resolution 87-163 Making Appointments to the Economic Opportunity
Advisory Committee.
On September 1, 1987, the City Council adopted resolutions authorizing
the City Manager to enter into a contract with the Fort Collins
Foundation and creating the Economic Opportunity Advisory Committee.
There will be nine members on the Advisory Committee representing the
business community, service providers and unemployed/underemployed
citizens. The positions were advertised and the Council
sub -committee, Larry Estrada, Ed Stoner, and Bob Winokur conducted
interviews.
' In keeping with Council's policy, the recommendation for this
appointment was announced at the November 3 meeting. The appointment
was tabled to November 17 to allow time for public input.
The prospective appointees are:
Jim Aldrich James Cole
Marilyn Barnes Barbara Liebler
Jo -an Barnett Catherine McCoppin
Art Bavoso Myra Powers
Christina Casterena
16. Routine Easement.
a. Powerline easement from Frank M. Andrews and Leslie" B. Andrews
located at 311 E. Magnolia needed to underground overhead electric
services. Consideration: $1.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #6.
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November 17, 1987
Item V.
Item #8.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #9.
Item #10.
Item #11.
Item #12.
Item #13.
Councilmember Winokur made a motion, seconded by Councilmember Mabry, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 181, 1987, Appropriating
Prior Year Reserves in the General Fund
for Transfer to the Capital Projects
Fund for the Relocation and Renovation
Project, Adopted on Second Reading
Following is staff's memorandum on this item:
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November 17, 1987
' "Financial Impact
This action appropriates $412,670 from the General Fund Prior Year Reserves
to the Capital Project Fund for the relocation of staff to 281 North
College, and the renovation of the Downtown Community Center, City Hall
East, City Hall West, and Tolivers ($62,000 from City/County Block 31 Fund;
$350,670 from the Reserve for Buildings and Improvements). This reduces
the projected balance in the Reserve for Buildings and Improvements to
$632,412 at the end of 1987.
Operations and maintenance expenses will be financed from the General
Fund's Facilities budget. The annual lease payments for 281 North College
will be $75,000 -- $2.99/square foot net.
Executive Summary
At the April 28, 1987 Council worksession, staff discussed the issue of
space needs and the possible solutions. Following extensive research,
staff is recommending that the City lease the building at 281 North College
for the relocation of Development Services and Parks and Recreation, and
renovation of the Downtown Community Center for senior services.
In 1988, the Tolivers Building will need minimal renovation for the
Building Maintenance Division, general storage, and Museum storage.. City
Hall East and City Hall West will be renovated to accommodate the space
needs of City Manager, City Clerk, City Attorney, Employee Development,
ICS, Finance Administration, Budget & Research, Accounting, and Police:
This Ordinance, which was unanimously adopted on First Reading on November
3, appropriates the funds for the relocations and renovations."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner,
to adopt Ordinance No. 181, 1987 on Second Reading.
Jim Creeden, local resident, asked how many employees would be hired to
occupy the additional space.
City Manager Burkett stated the additional space would be used for existing
staff who are currently working in overcrowded areas. He stated there
would not be any employees required for the additional space.
Bruce Lockhart, 2500 East Harmony Road, questioned whether there was a real
need for additional space. He stated he believed the CHOICES 95 Committee
should review this item.
The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 181,
1987 on Second Reading was as follows: Yeas: Councilmembers Estrada,
Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
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November 17, 1987
Resolution 87-163 Making Appointments
to the Economic Opportunity
Advisory Committee, Adopted
Following is staff's memorandum on this item:
"On September 1, 1987, the City Council adopted resolutions authorizing the
City Manager to enter into a contract with the Fort Collins Foundation and
creating the Economic Opportunity Advisory Committee. There will be nine
members on the Advisory Committee representing the business community,
service providers and unemployed/underemployed citizens. The positions
were advertised and the Council sub -committee, Larry Estrada, Ed Stoner,
and Bob Winokur conducted interviews.
In keeping with Council's policy, the recommendation for this appointment
was announced at the November 3 meeting. The appointment was tabled to
November 17 to allow time for public input.
The prospective appointees are:
Jim Aldrich
Marilyn Barnes
Jo -an Barnett
Art Bavoso
Christina Casterena"
James Cole
Barbara Liebler
Catherine McCoppin
Myra Powers
Councilmember Winokur made a motion, seconded by Councilmember Kirkpatrick,
to adopt Resolution 87-163.
Jim Creeden, local resident, suggested Council talk with local business
people about how to improve the economic situation in Fort Collins rather
than appoint another committee to deal with the issue.
Mayor Estrada stated he has been meeting with local business leaders in an
effort to develop ways to improve the economy and economic development in
Fort Collins.
The vote on Councilmember Winokur's motion to adopt Resolution 87-163 was
as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry,
Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Kirkpatrick announced she had been appointed the secretary/
treasurer of Women in Municipal Government for Colorado.
Mayor Estrada reported on a POW/MIA prayer meeting that he.and
Councilmembers Horak, Stoner, and Winokur attended on November 13.
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November 17, 1987
Citizen Participation Continued
Assistant to the Director of Parks and Recreation Jerry Brown presented the
National Cemetery Association Award received for the City's
marketing/public relations/advertising campaign for Roselawn Cemetery. He
stated the Cemetery Superintendent, Rick Bott, was honored by the National
Cemetery Association as an Outstanding Cemeterian, one of forty-one
selected in the United States from a field of 2400 candidates. He noted
Mr. Bott has been elected president-elect of the municipal section of the
American Cemetery Association.
Items Relating to the Northern
Colorado Nature Center First Annexation
Following is staff's memorandum on this item:
"A. Hearing to Make Determinations and Findings Concerning the Northern
Colorado Nature Center First Annexation.
B. Resolution 87-170 Setting Forth Findings of Fact and Determinations
Regarding the Northern Colorado Nature Center First Annexation.
C. Second Reading of Ordinance No, 143, 1987, Annexing Approximately
63.96 Acres, Known as the Northern Colorado Nature Center First
Annexation.
D. Second Reading of Ordinance No. 144, 1987, Zoning Approximately 63.96
Acres, Known as the Northern Colorado Nature Center First Annexation,
into the T-Transition Zoning District.
This Resolution sets forth findings and determinations that the area is
eligible for annexation pursuant to Colorado state law. Ordinance No. 143
and Ordinance No. 144, which were adopted 5-0 on First Reading on October
6, annex and zone approximately 63.96 acres located north of East Drake
Road (extended) and east of the City's Wastewater Treatment Plant No. 2.
The requested zoning is the T-Transition Zoning District. The property is
presently used as a nature center and wildlife habitat area.
APPLICANT: State Board of Agriculture OWNER: Same
Room 202
Administration Building
Colorado State University
Fort Collins, CO 80523"
Councilmembers Estrada and Kirkpatrick withdrew from the discussion and
vote on this item and the following item due to a perceived conflict of
interest.
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November 17, 1987
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adopt Resolution 87-170.
Chief Planner Ken Waido gave a brief presentation on this item and answered
questions from Council.
The vote on Councilmember Mabry's motion to adopt Resolution 87-170 was as
follows: Yeas: Councilmembers Horak, Mabry, Maxey, Stoner, and Winokur.
Nays: None. (Councilmembers Estrada and Kirkpatrick withdrawn)
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 143, 1987 on Second Reading. Yeas: Councilmembers
Horak, Mabry, Maxey, Stoner, and Winokur. Nays: None. (Councilmembers
Estrada and Kirkpatrick withdrawn)
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 144, 1987 on Second Reading. Yeas: Councilmembers
Horak, Mabry, Maxey, Stoner, and Winokur. Nays: None. (Councilmembers
Estrada and Kirkpatrick withdrawn)
THE MOTION CARRIED.
Items Relating to the Northern Colorado
Nature Center Second Annexation
Following is staff's memorandum on this item:
"A. Hearing to Make Determinations and Findings Concerning the Northern
Colorado Nature Center Second Annexation.
B. Resolution 87-171 Setting Forth Findings of Fact and Determinations
Regarding the Northern Colorado Nature Center Second Annexation.
C. Second Reading of Ordinance No. 145, 1987, Annexing Approximately
63.26 Acres, Known as the Northern Colorado Nature Center Second
Annexation.
D. Second Reading of Ordinance No. 146, 1987, Zoning Approximately 63.26
Acres, Known as the Northern Colorado Nature Center Second Annexation,
into the T-Transition Zoning District.
This Resolution sets forth findings and determinations that the -area is
eligible for annexation pursuant to Colorado state law. Ordinance No..145
and Ordinance No. 146, which were adopted 5-0 on First Reading on October
6, annex and zone approximately 63.26 acres located north of East Drake
Road (extended) and east of the City's Wastewater Treatment Plant No. 2.
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November 17, 1987
' The requested zoning is the T-Transition Zoning District. The property is
presently used as a nature center and wildlife habitat area.
APPLICANT: State Board of Agriculture OWNER: Same
Room 202
Administration Building
Colorado State University
Fort Collins, CO 80523"
Councilmember Winokur made a motion, seconded by Councilmember Mabry, to
adopt Resolution 87-171. Yeas: Councilmembers Horak, Mabry, Maxey,
Stoner, and Winokur. Nays: None. (Councilmembers Estrada and Kirkpatrick
withdrawn)
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by Councilmember Mabry, to
adopt Ordinance No. 145, 1987 on Second Reading. Yeas: Councilmembers
Horak, Mabry, Maxey, Stoner, and Winokur. Nays: None. (Councilmembers
Estrada and Kirkpatrick withdrawn)
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 146, 1987 on Second Reading. Yeas: Councilmembers
' Horak, Mabry, Maxey, Stoner, and Winokur. Nays: None. (Councilmembers
Estrada and Kirkpatrick withdrawn)
THE MOTION CARRIED.
Items Relating to the Centre for
Advanced Technology Special
Improvement District No. 90
Following is staff's memorandum on this item:
"Financial Impact
The bond ordinance provides for the issuance of $2,305,000 to cover the
costs of the District. This ordinance has been amended prior to Second
Reading to include the interest rates based on the sale of the bonds.
The appropriations ordinance provides for the use of $571,792 from the
Street Oversizing fund and $53,400 from the Parkland Fund and $40,600 from
Rolland Moore Park Capital Project to cover the City's costs associated
with the District.
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November 17, 1987
Executive Summary '
A. Second Reading of Ordinance No. 176, 1987, as amended, Authorizing the
Issuance of Centre for Advanced Technology Special Improvement District
No. 90 Special Assessment Bonds.
B. Second Reading of Ordinance No. 177, 1987 Authorizing the Transfer of
Appropriations between Capital Projects, Appropriating Prior Year
Reserves in the Parkland Fund and Authorizing the Transfer of
Appropriated Amounts from the Parkland Fund and Street Oversizing Fund
to Capital Projects Fund.
These Ordinances were adopted 6-0 on First Reading on November 3. On May
14, 1987, staff presented this Special Improvement District to Council in a
special worksession. At the regular Council meeting of June 2, the
District's creation ordinance was adopted.
The Centre for Advanced Technology Special Improvement District No. 90,
approximately 158 acres, is located in the central portion of the City,
adjacent to and northeast of the intersection of Shields Street and Drake
Road. The District is part of the 235 acre Centre Development and is
adjacent to the south campus of Colorado State University.
The improvements to be completed in the district include:
1) The widening of Shields Street to full arterial standards between
Prospect Road and Drake Road and,
2) Improvement of internal collector streets of the Centre for
Advanced Technology.
The land in the District is zoned for mixed uses and is presently owned by
Everitt Enterprises Limited Partnership No. 1, the Colorado State
University Research Foundation, and Sam C. Aranci.
A portion of the proposed improvements to Shields Street is the frontage of
Rolland More Park, which will participate in the costs. Costs for the
oversizing of water and sewer improvements will be covered with the
appropriate City funds."
Councilmember Mabry withdrew from the discussion and vote on this item due
to a perceived conflict of interest.
Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick,
to adopt Ordinance No. 176, 1987 on Second Reading as amended.
Finance Director Alan Krcmarik explained that First Interstate Bank has
placed the bonds with a net effective interest rate of approximately 8.92%,
saving approximately $200,000 for the people who will pay the assessments.
He read further amendments to Ordinance No. 176, 1987 into the record.
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November 17, 1987
I
Councilmembers Maxey and Kirkpatrick accepted the amendments as friendly
amendments to their motion.
Jim Creeden, local resident, applauded this project and congratulated those
responsible for bringing the project about.
The vote on Councilmember Maxey's motion to adopt Ordinance No. 176, 1987
as amended on Second Reading was as follows: Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None.
(Councilmember Mabry withdrawn).
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 177, 1987 on Second Reading. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None.
(Councilmember Mabry withdrawn).
THE MOTION CARRIED.
Ordinance No. 180, 1987, Amending
the Code of the City Regarding the
Burning of Solid Fuel in the City,
' Adopted as Amended on First Reading
Following is staff's memorandum on this item:
"Executive Summary
These Code amendments are intended to reduce the impact of wood and coal
smoke in City neighborhoods. Individual amendments are included that: (1)
restrict wood stove installations to low -pollution units, (2) require
natural gas plumbing to any fireplace in new construction or remodeling,
(3) limit allowed smoke density from any chimney, (4) ban coal burning in
existing units unless no alternative heat source is available, and (5) ban
installation of new coal burning units.
Background
The presence of wood and coal smoke in Fort Collins neighborhoods has been
identified as a key air pollution issue facing the City. Staff prepared an
issue paper that describes many alternatives• and recommends a three-part
program: public education, technology improvements, and regulation.
Council reviewed the three-part program at its work session on July 14,
1987.
Public input was solicited in the development of the proposed regulations.
The Natural Resources Advisory Board reviewed the three-part program and
' held a special meeting to hear the views of affected interest groups. The
Board generally agreed with staff's recommended program and offered some
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November 17, 1987
amendments. Since the proposed stove restrictions may affect retail sales, '
staff sent letters to area stove dealers asking for their comments and
suggestions. Letters were also sent to area developers and builders
requesting input on the proposed gas -piping requirement for new fireplaces.
Staff issued a press release explaining each Code amendment in the
ordinance.
The ordinance implements only the regulatory elements of the program. The
public education elements are in progress, while the technology elements
are planned for implementation in 1988. To place the regulatory elements
in context, the full program is recapped below, including amendments of the
Natural Resources Advisory Board.
I. EDUCATION
A. Educate the public about clean burning techniques. (NRAB: Generate
a specific plan and budget which includes media education.)
B. Voluntary "no -burn days" during Air Quality Advisories, with
exemption for Colorado certified stoves. (NRAB: Also exempt natural
gas units.)
2. TECHNOLOGY
A. Begin monitoring wood smoke -- the fine particles that cause the
greatest health effects and visibility reduction. (NRAB: Do some
monitoring in neighborhoods in addition to fixed -site monitoring.)
B. Encourage upgrades to low -pollution technology (natural gas unit or
Colorado Phase II stove) through a zero -interest loan program.
(NRAB: Note that a $50,000 fund, fully loaned, can turnover 300 old
stoves in 10 years, assuming 2-year, $800 loans.)
3. REGULATION
A. Limit building permits for stove installation to Colorado Phase II
certified units. (NRAB: Clarify that natural gas units are
allowed. Also, require natural gas plumbing to the firebox in new
fireplace construction.)
B. Restrict visible smoke from residential chimneys to 40Y opacity.
C. Ban residential coal burning, with exception for existing units.
D. Restrict open burning permits on any High Pollution Day. (Larimer
County Health Department has agreed to implement this restriction).
The individual Code amendments are summarized and annotated below:
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November 17, 1987
' BUILDING CODE AMENDMENTS '"
I. A building permit is required for installation of a wood stove. Only
stoves that are certified by the State Health Department may be
installed, except bona -fide antiques. This regulation assures that all
stoves installed are designed for low pollution. It closes a loophole
in the state air pollution regulations that permits installation of
non -certified stoves purchased out-of-state and used stoves not meeting
current certification requirements (Phase I or Phase II).
2. When a fireplace is constructed, it must be supplied with natural gas
piping. This requirement is intended to simplify later conversion to a
natural gas fireplace, since the cost of plumbing in the gas is low
during construction or remodeling. Buildings that have no natural gas
supply are excepted.
3. Installation of new coal-fired stoves and furnaces is not allowed.
Coal burning is not common in Fort Collins, but it results in a
disproportionate number of complaints due to smoke and odor.
NUISANCE CODE AMENDMENTS
4. Density of smoke is limited to 4OY, opacity, except for 15 minutes
during cold start-up. Forty percent opacity is easily achieved through
good operating practices, practices that this regulation is intended to
' encourage. Specially trained and certified "smoke observers" can
evaluate smoke density. Larimer County Health Department will provide
certified smoke observers for a nominal fee per incident. This
regulation will help to resolve complaints in heavily impacted
neighborhoods. In particular, it will discourage heating with wood
throughout the night, a practice that produces dense smoke, in favor of
heating with natural gas, fuel oil, or electricity through the night.
5. Due to the smoke and odor problems with coal burning, coal is banned
for space heating unless a coal-fired unit is the only source of heat
in the building. If the building is equipped with a heating system
using natural gas, fuel oil, propane, or electricity, then that system
must be used instead of burning coal. The regulation goes into effect
in October 1988, allowing a year to bring alternate heating systems
into service. Because 'some neighborhood smoke problems are caused by
the use of poor fuels such as old railroad ties or painted scrap
lumber, this Code amendment also requires the use of clean -burning
fuels in stoves and fireplaces. Acceptable fuels are clean, dry,
untreated wood and wood products, and solid fuel products manufactured
for home heating."
Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick,
to adopt Ordinance No. 180, 1987 on'First Reading.
Air Quality and Hazardous Material/Waste Coordinator Brian Woodruff gave a
brief background of this issue and highlighted the provisions of the
Ordinance. He spoke of the contributions of the Building Inspection
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November 17, 1987
Division, the Natural Resources Advisory Board, local stove dealers, the ,
Larimer County Health Department. He noted an amendment was made to the
Ordinance and provided to Council prior to the meeting which clarifies the
definition of wood stoves. He responded to questions from Council.
Councilmembers Stoner and Kirkpatrick accepted the amendment as a friendly
amendment to their original motion.
The following persons spoke on this item:
1. Greg Beaver, 825 Cambridge Drive, expressed opposition to the
requirement to have gas piping within 36 inches of the
fireplace. He gave examples showing where gas piping would
not be feasible.
2. Bill Eckert, president and owner of Friendly Fire, supported
the Ordinance and suggested the provisions of the Ordinance
are not strong enough.
3. Chris McEnany, 318 North Sherwood, representing CoPIRG,
expressed support for Ordinance, noting this was a step
toward addressing air quality issues in the community.
4. Bill Bartran, local contractor, objected to the 36 inch gas
piping requirement.
5. Dr. Larry Johnston, Director of Environmental Health for
Larimer County, commended the Council and the Department of
Natural Resources for the proposed amendments relating to
solid fuel burning. He stated the Health Department highly
recommends adoption of the Ordinance.
6. Tim Johnson, representing the Natural Resources Advisory
Board, expressed the Board's support for the Ordinance.
Councilmember Kirkpatrick thanked the Larimer County Health Department for
their assistance and commitment to help with this issue and commended the
Natural Resources Advisory Board for their hard work in soliciting input
from the community and developing possible programs dealing with this
issue. She stated she could support with the Ordinance with the exception
of Section 5-110(b). She stated she felt that section imposes an
unnecessary expense and noted she believed the development community is
working hard to encourage gas fireplaces in new construction, but stated
she did not believe it should be required in all new construction.
Councilmember Stoner stated he also had difficulty supporting paragraph
(b)•
Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick,
to amend Ordinance No. 180, 1987 by deleting Section 5-110(b) and
relettering paragraph (c). ,
M.I1
November 17, 1987
' Bob Simpson, 1317 Lory, agreed with the amendment proposed by
Councilmembers Stoner and Kirkpatrick. He stated the major source of
pollution is Fort Collins is auto emissions. He suggested steps need to be
taken to regulate the flow of traffic in order to lessen traffic pollution.
Jim Creeden, local resident, agreed with Mr. Simpson. He stated the
regulation of wood burning deals with only a small portion of air
pollution. He also suggested more attention be given to traffic pollution.
Councilmember Horak stated he would not support the amendment. He stated
he believed the provisions of paragraph (b) were a modest step toward
dealing with wood burning issues. In response to comments made by Mr.
Simpson and Mr. Creeden, he stated the issue of traffic pollution is more
difficult to regulate.
Councilmember Winokur agreed with the comments made by Councilmember Horak
and stated he also would not support the amendment.
Mayor Estrada stated although he understood the additional cost that would
be incurred by the provisions of paragraph (b), he believed wood burning is
of concern and this Ordinance was just a beginning in dealing with the
issue. He stated he would not support the amendment.
The vote on Councilmember Stoner's motion to amend Ordinance No. 180, 1987
was as follows: Yeas: Councilmembers Kirkpatrick, Mabry, Maxey, and
Stoner. Nays: Councilmembers Estrada, Horak, and Winokur.
THE MOTION CARRIED.
Councilmember Winokur stated he believed adoption of this Ordinance was an
excellent first step. He stated he was pleased that the Natural Resources
Department would be doing their own air quality monitoring and that Fort
Collins will not be depending on Denver's reports. He stated this was an
educational approach toward improving air quality.
Councilmember Maxey expressed support for the Ordinance as a basis for
promoting the education of the citizens of Fort Collins.
Mayor Estrada stated he felt adoption of the Ordinance was a step in the
right direction, and a measure which will support the overall air quality
effort.
The vote on. Councilmember Stoner's original motion to adopt Ordinance No.
180, 1987 on First Reading as amended was as follows: Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays:
None.
THE MOTION CARRIED.
1PIC:1-02
November 17, 1987
Resolution 87-172 Setting Forth Findings,
'
Comments, and Concerns on the Proposed
Larimer County Land Use Plan Adopted
Following is staff's memorandum on this item:
"On Tuesday November 10, 1987, the City Council conducted a work session to
discuss the Larimer County Land Use Plan. This Resolution formally
transmits the City's findings, comments, and concerns on the Plan to the
County."
Councilmember Stoner made a motion, seconded by Councilmember Mabry, to
adopt Resolution 87-172.
Planning Director Tom Peterson responded to questions from Council about
conversations with Larimer County relating to the Land Use Plan.
Councilmember Stoner stated he believed his comments on behalf of the
Council were well received by the County.
Councilmember Kirkpatrick stated she attended the meeting with Larimer
County and was overwhelmed by the comments supporting the City as the best
entity to provide urban level services and supporting the County as best
entity to provide non -urban level services.
The vote on Councilmember Stoner's motion to adopt Resolution 87-172 was as
follows: Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey,
Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Items Relating to Modifications
in Previouslv Certified Mill Levies
Following is staff's memorandum on this item:
"Financial Impact
By Resolution 87-148 and Ordinance No. 162, 1987, the mill levy for the
City of Fort Collins was fixed and set at 7.663 mills for the 1988 Budget.
On October 21, 1987, the City Clerk certified to Larimer County that the
revenue associated with the mill levy was $4,851,279. By the changes
recommended in this item, the City's mill levy would be increased to 7.989;
the revenue associated with the amended levy is estimated to be $5,057,663,
an increase of $206,384`:'
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BYTE
November 17, 1987
Executive Summary
A. Resolution 87-173 Adopting the 1988 Budget for the City of Fort Collins
and Fixing the Mill Levy.
B. Hearing and Final Reading of Emergency Ordinance No. 187, 1987,
Amending Ordinance No. 162, 1987 Appropriating Annual Expenditures for
the City of Fort Collins in 1988 and Setting the Mill Levy for said
Fiscal Year.
The recommended changes in the mill levy result from new information from
the Colorado Division of Local Government. The Division had previously
directed a "deflator" factor to be applied against increases in assessed
valuation due to annexations and new construction. The City has
experienced growth in assessed valuation of over $42 million due to new
construction and annexations since the last property tax reassessment.
Thus, the effect of the Division's "deflator" policy was to limit the
financial impacts of that growth for the City.
Staff contested the application of the "deflator" policy in September, but
followed the direction received from the Division of Local Government.
Following inquiries from a number of other communities, the Division has
reversed its position and will allow jurisdictions to benefit from growth
in assessed valuation caused by annexations and new construction.
The mill levy for the 1987 budget year stands at 12.86 mills. Because of
' the provisions of House Bill 1003, the 1988 levy is limited to a 5.5%
increase plus the increase in assessed valuation due to annexations and new
construction. Resolution 87-173 and Ordinance No. 187, 1987 amend the City
of Fort Collins mill levy for the 1988 budget year from 7.663 to 7.989
mills. The mill levy is broken out as follows:
General Fund 0 & M.................................. 1.777 mills
Parks 0 & M ......................................... .661 mills
Poudre Fire Authority Contribution .................. 3.996 mills
Unfunded Liability - General Fund .152
PFA Employer Contribution .190 .342 mills
Parks Debt Service .................................. 1.213 mills
TOTAL 7.989 mills"
City Manager Burkett stated staff was proposing an amendment to the mill
levy approved by Council in October during the 1988 Budget process due to
information received from the State last week. He noted that the Ordinance
would need to be read in full because it is an emergency ordinance that was
not published 48 hours in advance.
Finance Director Alan Krcmarik read Ordinance No. 187, 1987 (Emergency
Ordinance) into the record. He explained the events leading up to this
emergency action and responded to questions from Council.
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November 17, 1987
Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner,
to adopt Resolution 87-173.
Jack Richardson, 2912 Eagle Drive, objected to an increase in the mill levy
and to the consideration of this item as an emergency ordinance.
Bruce Lockhart, 2500 East Harmony Road, expressed opposition to an increase
in the mill levy.
Councilmember Mabry stated he would not support an increase in the mill
levy.
Councilmember Winokur expressed his appreciation for the staff of the
Finance Department for being in a difficult position in advising management
on issues such as this. He stated he felt an important part of the Budget
process is the extended amount of work sessions and public hearings. He
stated although it is obvious the State made an error, the Council gave its
word on what the Budget and mill levy would be. He stated he could not
support raising the mill levy at this time.
Councilmember Horak stated he was not prepared to support this item. He
expressed appreciation for staff's concern for achieving as much revenue as
possible, but stated the process for doing so must be as fair as possible.
He stated he did not see justification for an emergency ordinance.
Mayor Estrada credited staff for trying to find additional resources. He
expressed concern that there was not ample opportunity for citizen input on
this increase.
The vote on Councilmember Kirkpatrick's motion to adopt Resolution 87-173
was as follows: Yeas: None. Nays: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION FAILED.
Request for Executive Session
Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner,
to adjourn into Executive Session for the purpose of discussing legal
matters. Yeas: Councilmember Kirkpatrick. Nays: Councilmembers Estrada,
Horak, Mabry, Maxey, Stoner, and Winokur.
THE MOTION FAILED.
AdJournment
Councilmember Mabry made a motion, seconded by Counci1member .Winokur, to
adjourn the meeting. Yeas: Councilmembers Estrada, Horak, :Kirkpatrick,
Mabry, Maxey, Stoner, and Winokur. Nays: None.
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November 17, 1987
' The meeting adjourned at 9:55 p.m.
Mar
ATTEST: ^
City Clerk
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